Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because we are unlikely to find fault. It is also unlikely an investigation by the Ombudsman would add to the Council’s response.

The complaint

1. Ms X has complained about how the Council dealt with her neighbour’s planning application. Ms X says the decision to grant planning permission was based on inaccurate information. Ms X also says the development does not comply with building regulations.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

4. Ms X has complained about the Council’s decision to grant planning permission and says her neighbour provided incorrect information about the ownership of the site. However, I am satisfied the Council considered Ms X’s concerns about the ownership certificate submitted with the application and explained why it believed the correct certificate was provided.
5. Ms X says the development encroaches on her property. But it is not for councils to get involved in landownership disputes. Instead, this will be a private civil matter between Ms X and her neighbour.
6. Ms X says the development will prevent her accessing her drain and she believes the extension fails to comply with building regulations. The Council has considered Ms X’s concerns but says building regulations have not been breached. I understand Ms X disagrees. But the Council was entitled to use its professional judgement in this regard. Concerns about access to the drains for maintenance will also be a civil matter between the parties.

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Final decision

7. We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council. It is also unlikely an investigation by the Ombudsman would add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman