Cheshire East Council (21 015 128)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 21 Feb 2022
The Ombudsman's final decision:
Summary: Mr X complains about the Council’s decision not to take enforcement action against a neighbour. We will not investigate this complaint because there is no evidence of fault by the Council.
The complaint
- Mr X complains about the Council’s decision not to take enforcement action against a neighbour.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- The complainant had the opportunity to comment on a draft of this decision.
My assessment
- Mr X’s neighbour obtained planning permission for a dormer extension. Mr X says that the window built into the extension was not obscure glazed.
- The Council sought a retrospective planning application from the neighbour which they granted in September 2021. Mr X had objected to that planning application on the grounds that the window would cause a loss of privacy to his property.
- The Planning Officer concluded that, as the law allowed the window to be opened (given its height) the loss of amenity from an unobscured glazed window was not sufficient to warrant refusal of the planning application.
- I appreciate that Mr X is unhappy with the overlooking from the window but the Council clearly considered his objection together with the law and made a decision he does not like. However, in the absence of administrative fault, the Ombudsman cannot question the professional judgement of the Planning Officer.
Final decision
- We will not investigate this complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman