The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council considered a planning application for the house next to Ms X’s home and about the way it dealt with her complaint. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.
The complaint
Ms X complains the Council failed to fully consider her complaint about its decision to grant planning permission for her neighbour’s extension to their home.
She wants the Council to: explain the boundary details and Party Wall Act to her neighbour explain why the neighbour can create a rear access to their property onto another road; and monitor the neighbour’s property for compliance with building regulations.
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, or we cannot achieve the outcome someone wants.
(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 Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council granted planning permission for Ms X’s neighbour to build a single storey extension to their home.
Ms X raised issues about the boundary between her and her neighbour, the Party Wall Act and a door in the neighbour’s outbuilding facing onto the road behind the property. She says both her and her neighbour’s property were previously owned by the Council.
Boundary concerns/disputes and party wall issues are civil matters and not something the Council can consider when dealing with planning applications. These are matters for Ms X to resolve with her neighbour. The fact that Ms X’s and her neighbour’s homes are former Council properties is not relevant.
The Council confirmed the door in the neighbour’s outbuilding does not require planning permission.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault in the way the Council considered her neighbour’s planning application, nor in the way it dealt with her complaint.
Investigator's decision on behalf of the Ombudsman