The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning applications. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council affecting its decisions.
The complaint
The complainant, Mr X, complains the Council granted permission for his neighbour’s development without properly considering the impact it would have on his property.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate this complaint. The Council put in place a condition to minimise the impact of the development on Mr X’s property and sought expert advice on the applicant’s proposal to discharge the condition. There is not enough evidence of fault in the way the Council handled the applications and the law does not allow us to question the ‘merits’ of its decisions.
If Mr X believes his neighbour is wrongly draining water onto his land and causing damage to his property he may wish to obtain independent legal advice about the issue.
Investigator's decision on behalf of the Ombudsman