Summary: Mr X complains about the grant of planning permission for his neighbour to build an outbuilding. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mr X complains about the grant of planning permission for his neighbour to build an outbuilding.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.

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What I found

4. Mr X’s neighbour submitted a planning application in August 2020 for an outbuilding. This was a revision of a previous similar planning application but with a raised decking area and pergola.
5. The Planning Officer stated that the building needed planning permission because it was closer than 2.5m from the fence (which had been raised to 2.4m high under the previous planning permission).
6. The Planning Officer concluded that the impact upon Mr X’s privacy would be lessened by the distance from the windows in the outbuilding to Mr X’s property. The Planning Officer also took into account the fact that the applicant could builder a similar building without planning permission albeit a metre further away from the fence. The Planning Officer concluded that the effect upon Mr X’s amenity did not warrant refusal of the planning application.
7. I am satisfied that Mr X’s objections and concerns were taken into account by the Planning Officer. Mr X's dissatisfaction lies with the merits of the Council's decision but, in the absence of fault, the Ombudsman cannot criticise the Council's decision.

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Final decision

8. I do not intend to investigate this complaint because there is no evidence of fault by the Council.
    

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Investigator's decision on behalf of the Ombudsman