The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to allow the complainants’ neighbour to put in a retrospective planning application. We have not seen evidence of fault in the Council’s actions.
The complaint
The complainant, I shall call Mr J, complains the Council: allowed his neighbour to put in multiple plans as part of a retrospective planning application; and allowed the private Building Control Inspector to certify the neighbour’s extension as complete when it is not.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr J and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr J’s neighbour built an extension which did not conform to permitted development. To regularise the build, the neighbour put in a full, retrospective planning application.
Mr J objected to the application. The Council’s report shows it considered: Mr J’s objections and his amenity; and relevant local and nation policies before deciding to approve the application.
The Council officers have visited the site and taken measurements. It confirms the built extension conforms to the approved plans.
I will not investigate this complaint. It is the Council’s role, as local planning authority, to reach a judgement about whether a development is acceptable after consideration of: local and national planning polices comments from statutory consultees; and objections/representations from people affected by the decision.
The evidence strongly suggests this is what has happened in this case.
Mr J also complains the Council has allowed a private building inspector to register the extension as complete when it is not.
The legislative framework of the building regulations is principally made up of The Building Regulations 2010 and The Building (Approved Inspectors etc.) Regulations 2010. There are two options for getting building regulations approval: from a Council Building Control Inspector from a private Approved Inspector.
Approved Inspectors are private bodies or individuals who may carry out building control functions. The Approved Inspector and applicant must present an "Initial Notice" to the Council Building Control service before work begins. Once the notice is accepted, the Approved Inspectors’ is responsible for ensuring building works comply with Regulations. We cannot investigate complaints about how they carry out their work.
In this case, Mr J’s neighbour used a private Approved Inspector which he had a right to do. Therefore, the Council is not responsible for inspection of approval of building control matters. The Council has given Mr J a link to the Approved Inspector’s complaint procedure.
Again, I have seen no evidence of fault in the Council’s actions as it is not providing the building control function for Mr J’s neighbour.
Final decision
We will not investigate Mr J’s complaint because we have not seen evidence of fault in the Council’s actions in either its consideration of the retrospective planning application or the advice given about building control.
Investigator's decision on behalf of the Ombudsman