The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning applications. This is because the injustice Mr X claims is not the result of any fault by the Council.
The complaint
The complainant, Mr X, complains the Council wrongly granted permission for development on his neighbour’s land. He says that as a result of the Council’s decisions access to his property is obstructed. He also complains the Council failed to respond to his complaints and to questions about restrictions on his property.
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
The Council determined Mr X’s neighbour’s applications based on the evidence available at the time. Due to the nature of the application its role in assessing the impact of the development was limited and it could not have considered the potential for obstructing Mr X’s private rights of access in any event. If the development has resulted in obstruction of Mr X’s access to his property he may wish to obtain legal advice.
Mr X also questions if the Council’s decisions on his neighbour’s development override restrictions on his property which date back more than 20 years. But as Mr X will be aware the decisions do not alter any conditions attached to the planning permission for his property. If Mr X wishes to carry out his own development he may wish to apply to the Council for pre-application advice or seek the assistance of an agent. He would then have to apply to the Council for permission to alter the conditions attached to the planning permission, or for planning permission for his proposal.
Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault by the Council or to show its actions caused Mr X significant injustice. The injustice Mr X claims stems from a private civil dispute between Mr X and his neighbour.
Investigator's decision on behalf of the Ombudsman