Summary: We will not investigate Mr X’s complaint about how the Council handled a non-material amendment application. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains about how the Council decided to grant a non-material amendment application made by his neighbour.

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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 (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s neighbour was granted planning permission to build a second storey to their bungalow. The Council then approved a non-material amendment application to render the walls. The original application said the walls would be tiled. Mr X says the render does not fit with the street scene.
7. The Council considered whether the change was non-material and decided that it would not be out of keeping within the varied styles of housing around it. It decided it would not have an impact on the overall design or amenity of the neighbours. The Council was entitled to make this decision.
8. The Ombudsman is not an appeal body. We look at the process a council followed to make its decision. If the Council followed its process correctly, we cannot question that decision even if a complainant disagrees with the decision made. I see no evidence of fault in how the Council reached its decision to treat the change as a non-material amendment.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman