Summary: We will not investigate Mr X’s complaint about the Council’s failure to take action against his neighbour for development which results in overlooking to his property. This is because there is no evidence of fault by the Council affecting its decision.

The complaint

1. The complainant, Mr X, complains the Council failed to take action against his neighbour for development he says causes overlooking and will impact on his property’s value.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) allows certain development without the need for planning permission. This is known as ‘permitted development’. Permitted development rights are subject to limitations and exclusions, but when a proposal falls within the parameters of development allowed by the Order it will not require planning permission; the Council therefore has no basis to stop it.
6. Mr X reported his neighbour’s development to the Council as unauthorised in 2021. The Council investigated and found the development was permitted under the 2015 Order. It therefore closed the case and informed Mr X it would take no further action.
7. Mr X disagrees with the Council’s decision and believes it should look at the impact of the development as a wider issue. But there is nothing the Council can do to stop the development as it does not require planning permission. It therefore has no power to demand changes or removal of the development as Mr X would like and its refusal to do so is not fault.
8. Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

9. We will not investigate this complaint. This is because there is no evidence of fault affecting the Council’s decision.

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Investigator's decision on behalf of the Ombudsman