The Ombudsman's final decision
Summary: We will not investigate this complaint about the complainant being unaware of her neighbour's planning application, and the Council’s decision to approve it. There is insufficient evidence of fault in the way the Council handled the application.
The complaint
Mrs X complains she was not made aware of a planning application for an extension at a neighbouring property, and says the works impact on her health and amenity.
The Ombudsman’s role and powers
We can 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 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)) In that regard, we can consider whether there was fault in the way the Council made its decision. If there was no fault in how it did so, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered: information provided by Mrs X and the Council, which included information from the Council’s database about the neighbour notification letters generated for the application.
information about the planning application, as available on the Council's website.
the Council’s Statement of Community Involvement.
the Ombudsman’s Assessment Code.
My assessment
I appreciate Mrs X was unaware of her neighbour’s proposal, and is unhappy the Council granted planning permission for it.
But the Council has provided information from its planning database showing which addresses notification letters were created for, and the date they were printed. We cannot hold the Council responsible for any errors by Royal Mail in subsequently delivering those letters. There was no requirement to also erect a site notice. As such, there is insufficient evidence of fault in the way the Council publicised the application.
I also consider there to be insufficient evidence of procedural fault in the way the application was determined, so we will not start an investigation. In reaching this view, I am mindful that: the Council visited the application site; there was no requirement to assess the proposal from Mrs X’s property.
the officer’s report considers the relevant material planning considerations; the Council was entitled to reach a professional judgement on whether the proposal was acceptable in planning terms, even if Mrs X disagrees with that decision.
covenants and Party Wall issues are private, civil matters which cannot be taken into account when determining a planning application.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault in the way the Council processed the application.
Investigator's decision on behalf of the Ombudsman