The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because it is unlikely an investigation would achieve a worthwhile outcome for the complainant.
The complaint
Ms X has complained about the Council’s decision to grant planning permission for her neighbour’s extension. Ms X says the development encroaches on her property and is damaging her home.
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: further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Ombudsman’s Assessment Code.
My assessment
Ms X has complained about the Council’s decision to grant planning permission and says the Council failed to exercise care regarding how the development would affect her property. Ms X says her home has been damaged and the development encroaches on her property.
However, it is not for the Council to get involved in land ownership issues or claims of property damage. These will instead be private civil matters between Ms X and her neighbour.
Final decision
We will not investigate Ms X’s complaint because it is unlikely an investigation would achieve a worthwhile outcome.
Investigator's decision on behalf of the Ombudsman