Summary: We will not investigate this complaint about how the Council dealt with a planning application for a property near Mr X’s home. This is because there is no evidence of fault in the way the Council considered the application.

The complaint

1. Mr X complains the Council granted planning permission for a property near his home to be extended. Mr X says the resultant property will be significantly larger and will negatively impact on trees nearby.
2. Mr X says the Council’s actions have had a significant impact on his health.

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The Ombudsman’s role and powers

3. 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)

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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. We investigate complaints about fault causing injustice. Therefore, we have focussed our consideration of this complaint on the parts of the development which might impact on Mr X and his home.
7. There is no evidence of fault in the way the Council considered the impact of the extended property on Mr X’s home. The Council’s case officer report acknowledges that Mr X’s home is over 40 metres from the rear of the extended property which is more than normal accepted separation distances which typically require a minimum of 21 metres between the rear facing elevations of properties. The Council also considered that existing mature trees on the boundary which provide screening.
8. There is also no evidence of fault in the way the Council considered the impact of the building work and development on existing trees. The Council’s tree officer commented on the application and given the distance between the rear of the extension and the existing trees I cannot see any evidence to contradict the Council’s view that the existing trees would be unaffected. Therefore, we will not investigate this complaint.
9. Mr X says the Council’s tree officer claimed to have phoned him but Mr X says he never received any call. I cannot see that I could ever show whether a telephone conversation took place and certainly cannot justify an investigation into this single issue. Therefore, we will not investigate this part of Mr X’s complaint.

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Final decision

10. We will not investigate Mr X’s complaint because there is no evidence of fault in the way the Council considered the planning application for his a neighbouring property to be extended.

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Investigator's decision on behalf of the Ombudsman