The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a planning matter. This is because there is not enough evidence of fault by the Council and we cannot achieve the outcome Mrs X wants.
The complaint
The complainant, Mrs X, complains about the Council’s handling of a planning application for changes to a historic building within a local park. She believes the changes are not in keeping with the area or the original design and that the building is now an eyesore.
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 Mrs X’s representative, Miss Y, and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X clearly does not agree with the Council’s decision to extend the building or with the Council’s approach to the design but this in itself is not evidence of fault. The Council has considered the visual impact of the development and decided it is acceptable. The plans clearly show what was proposed and I see no basis for us to criticise its decision. We also cannot achieve the outcome Mrs X wants, which is to say the Council must remove the extensions and develop the building in a way she approves of.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault affecting the Council's decision and we cannot achieve the outcome Mrs X wants.
Investigator's decision on behalf of the Ombudsman