The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning application. This is because the Council’s decision does not cause Mr X significant personal injustice.
The complaint
The complainant, Mr X, complains the Council wrongly granted planning permission for an extension to his neighbour’s property. He wants the Council to revoke the planning permission or require the neighbour to reduce the height of the extension.
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 Ombudsman’s Assessment Code.
My assessment
We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
I understand Mr X is unhappy with the Council’s decision to grant planning permission, and with its subsequent decision not to take enforcement action against the homeowner for allegedly failing to comply with the approved plans. But Mr X lives far enough away from the property that the decision does not cause him significant personal injustice warranting further investigation.
We also cannot achieve the outcome Mr X wants, which is to retrospectively revoke the planning permission or require a reduction in the height of the extension.
Final decision
We will not investigate this complaint. This is because the matter does not cause Mr X significant personal injustice.
Investigator's decision on behalf of the Ombudsman