Sevenoaks District Council (24 017 135)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 12 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because we are unlikely to find fault.
The complaint
- Mr X has complained about how the Council dealt with his neighbour’s planning application. He says the decision to grant planning permission was based on inaccurate information and the development will encroach on his land.
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
- there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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)
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council granted planning permission based on false information as the development site includes land that is not owned by the applicant. However, it is the applicant’s responsibility to ensure the correct ownership certificate is completed with their application and it is not the Council’s responsibility to determine land ownership. I am also satisfied the case officer properly addressed the concerns Mr X raised about the proposal before deciding there was no evidence to show the site was not in the sole ownership of the applicant.
- I understand Mr X disagrees with the decision to grant planning permission and says the development will encroach on his land. But land ownership is not a material planning issue and any dispute about ownership of the land will be a private civil matter between Mr X and his neighbour.
Final decision
- We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman