The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a planning matter involving encroachment onto Mrs X’s land. This is because there is no evidence of fault by the Council.
The complaint
The complainant, Mrs X, complains the Council granted planning permission for an extension which encroaches onto her property. She also complains it has failed to take enforcement action and that her neighbour has removed her fence and hedge.
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 and the Ombudsman’s Assessment Code.
My assessment
As part of Mrs X’s neighbour’s planning application the neighbour signed a declaration stating they owned all of the land involved in the application. The grant of planning permission shows the Council considered the development to be acceptable in planning terms but did not give Mrs X’s neighbour any rights to build on Mrs X’s land. If Mrs X believes her neighbour’s extension encroaches onto her land she may wish to seek legal advice; it is not the Council’s role to deal with boundary disputes.
The Council confirms it has opened an enforcement case to investigate other breaches of planning control by Mrs X’s neighbour and while Mrs X is unhappy it has invited her neighbour to submit a new application this is in-line with national guidance and is not fault.
The Council has also explained that removal of Mrs X’s fence and hedge are not planning matters and do not require planning permission. Mrs X may wish to seek further legal advice on these points.
Final decision
We will not investigate this complaint. This is because there is no evidence of fault by the Council. Mrs X’s injustice stems from the actions of her neighbour and not the Council.
Investigator's decision on behalf of the Ombudsman