The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council handled Mr X’s concerns about the impact of his neighbour’s extension. This is because there is not enough evidence of fault to justify investigating.
The complaint
Mr X complains the Council failed to consult him on his neighbour’s planning application and approved an application which will negatively affect 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 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)).
If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered the information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
A planning application was approved for Mr X’s next-door neighbours to build a single-story extension.
Mr X complains the Council failed to consult him on his neighbour’s planning application and approved an application which will negatively affect his property.
The Council say Mr X submitted an objection and this was considered when deciding the application. They also considered the impact of the application on his property.
The Ombudsman is not an appeal body. We look at the processes an organisation followed in making its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether a complainant disagrees with the decision made.
The Council followed the correct steps in how it considered the application. The Planning Officer’s report included material considerations, Mr X’s objection and the impact on Mr X’s property. There is not enough evidence of fault in how the Council considered the planning application to justify our involvement
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman