The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a neighbour’s planning application. We do not consider the complainant has suffered a significant personal injustice which warrants our involvement.
The complaint
Mrs X complains the Council misinterpreted her neighbours’ plans for an extension to their home. She also says the Council failed to follow its own policy.
Mrs X says that if the permitted extension is built there will be a reduced gap of 1.3 metres between her and her neighbour’s property which will be overbearing in their road.
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 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))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complains the Council misinterpreted her neighbour’s plans for extensions to their home. And failed to apply its own policy correctly.
The Council has acknowledged there are errors in the planning officer’s report on the proposed scheme and apologised. However, the approved plans are clear on what is being proposed and the planning permission grants approval to build according to the approved plans.
Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
Final decision
We will not investigate Mrs X’s complaint. Whilst I appreciate that she is unhappy with the approved extension. I do not consider she has suffered a significant personal injustice which justifies an investigation.
Investigator's decision on behalf of the Ombudsman