Summary: We will not investigate this complaint about a planning decision because it is a matter for the courts and there is no evidence of fault by the Council causing injustice.

The complaint

1. Ms X complains that the Council granted planning permission for a neighbour based on incorrect land ownership details.

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The Ombudsman’s role and powers

2. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X says that her neighbour submitted in planning application in 2023 which purported to show that a wall would be bult and rendered on land owned by the applicant. However, Ms X says that she owns part of the land and believes the subsequent planning permission will affect her legal rights. Ms X has commenced legal proceedings against the neighbour.
7. Planning permission does not provide any ownership rights. Any dispute about land ownership are private matters for the court. I note that Ms X submitted a Pre Action Protocol to the Council (a threat of Judicial Review). As such I consider that any complaint against the Council is now a matter for the courts. Further, any dispute about land ownership is a private matter and, also, ultimately, for the courts.
8. This is therefore a matter for the courts. The land ownership certificate which Ms X contests provides an opportunity of the owner of the land to object, which Ms X did, to the planning application. There is therefore no injustice caused by an any dispute about the land ownership certificate.

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Final decision

9. We will not investigate Ms X’s complaint because it is a matter for the courts and there is no injustice caused by fault by the Council.

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Investigator's decision on behalf of the Ombudsman