The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council approving a planning application. There is no worthwhile outcome achievable by our involvement.
The complaint
Ms X complained the Council granted planning permission for a proposal which impacted her amenity. Ms X said the Council did this without consulting with her.
Ms X said the matter caused her distress.
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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained the Council granted planning permission for a proposal which impacted on her amenity. She said it restricted the access she has to a garden.
In its complaint response, the Council told Ms X there had been a lack of communication between its housing and planning departments, and incorrect information provided by the applicant. It apologised to Ms X for this.
The Council also told her, that through its housing service, it had told the applicant to reverse the work they had carried out, and its planning enforcement team would consider whether further action against the applicant was necessary.
Additionally, the Council recommended the departments involved to review if it could improve communication with one another, to prevent recurrence of this specific issue.
I consider the actions taken by the Council are appropriate and we would not achieve significantly more by investigating. There is therefore no worthwhile outcome achievable by our investigation.
Final decision
We will not investigate Ms X’s complaint because there is no worthwhile outcome achievable by our involvement.
Investigator's decision on behalf of the Ombudsman