Summary: We will not investigate Mrs X’s complaint about the time taken by the Council to decide a planning application by a neighbour. The application was to make permanent a use that had existed for some years. There is not enough evidence of injustice to Mrs X to warrant investigation by us.

The complaint

1. Mrs X says the Council took several years to decide a planning application by a neighbour. She says this caused her and her husband sustained emotional distress and put off prospective purchasers of their home.

Back to top

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 any injustice is not significant enough to justify our involvement.

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

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs X’s neighbour sought to make permanent his long-term use as a residence of mostly temporary structures in a small wood adjoining Mrs X’s property. The Council estimated the separation distance between her home and the location of the buildings as at least 40 metres. This is confirmed by digital mapping. The Council also took the view that the application site was not visible, and that the use had continued for some time.
6. Mrs X said the injustice caused by the time taken by the Council to decide the application was significant. However, she confirmed her property is not currently for sale, and she has not alleged the Council has approved any change in the scale of the development from what had already existed for some years. It is unlikely investigation by us would find the Council’s actions were the sole cause of putting off potential buyers or significant distress.

Back to top

Final decision

7. We will not investigate Mrs X’s complaint because there is not enough evidence of injustice caused by fault to warrant this.

Back to top

Investigator's decision on behalf of the Ombudsman