The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to approve a planning application and its subsequent investigation of a report of a breach of planning control. There is not enough evidence of fault in the Council’s actions to justify an investigation.
The complaint
Mr X says the Council failed to ensure his neighbours plans, which included an elevation change to create a patio, were correct. He says this led him not to object to the application. He says he now suffers from a loss of privacy.
Mr X wants the Council to admit there was a breach of planning control and take enforcement action to rectify the breach.
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 there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In response to my enquiries, the Council acknowledges there were issues with labelling on the submitted plans. However, it confirms the application was part retrospective and a Planning Officer visited the site where the patio was almost complete. The Officer considered whether overlooking would be an issue and decided it would not. Having visited the site this is a professional opinion the Officer is entitled to hold. The Council decided to grant planning permission.
The Council also confirms that, in response to Mr X’s complaint, a Planning Enforcement Officer has visited the site and taken measurements. It has decided there is no material change on the site which would alter its assessment of the planning application or its decision to approve it.
The responsibility for ensuring plans are correctly labelled lays with the applicant. The Council is entitled to expect plans to be correct. Regardless, in this case the Council is satisfied there is no material breach of planning control. Having visited the site and taken the appropriate measurements, this is a decision the Council is entitled to make.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman