Summary: We will not investigate this complaint about how the Council dealt with a possible breach of planning control and a planning application. This is because we are unlikely to find fault.

The complaint

1. The complainants, whom I shall refer to as Mr and Mrs X, have complained about how the Council dealt with their concerns about a possible breach of planning control. Mr and Mrs X also say the Council failed to properly consider the impact their neighbour’s extension would have on their property before granting planning permission.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

4. The Council granted planning permission to Mr and Mrs X’s neighbour to build an extension. The permission was subject to conditions. One of which said the first-floor window facing towards Mr and Mrs X’s home should be obscurely glazed.
5. Mr and Mrs X contacted the Council as they were concerned the planning permission had not been complied with as they believed the wrong type of window had been installed. Mr and Mrs X say when the window is open it encroaches on their property and significantly impacts their privacy.
6. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission or not complied with planning conditions. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action.

7. In this case, the Council looked into Mr and Mrs X’s concerns, but decided there had not been a breach of planning control. The Council said the planning condition only required the window to be obscurely glazed and there were no other restrictions regarding the type of window to be used or restrictions on the window opening. Therefore, the Council had no grounds on which to take enforcement action. As the Council properly considered if it was necessary to take enforcement action, it is unlikely I could find fault.

8. Mr and Mrs X say the Council did not properly consider the impact their neighbour’s extension would have on their property. They say their privacy has been significantly affected by the development.
9. When a local authority receives a planning application it must look at the development plan and material planning considerations to decide if the proposal is acceptable. Material considerations relate to the use and development of the land in the public interest and includes matters such as the impact on neighbouring properties and the relevant planning policies. It is for the decision maker to decide the weight to be given to any material considerations in determining a planning application.
10. The Ombudsman does not act as an appeal body for planning decisions. Instead, we consider if there was any fault with how the decision was made.
11. In this case, I am satisfied the case officer’s report properly assessed the acceptability of the development, including the impact on neighbouring properties, before granting planning permission. The Council also further addressed the acceptability of the development in response to Mr and Mrs X’s complaint and said the position of the window was considered and restrictions regarding the opening of the window were not necessary.
12. I understand Mr and Mrs X disagree. But the Council was entitled to use its professional judgment to decide the application was acceptable and the Ombudsman cannot question this decision unless it was tainted by fault. As the Council properly considered the application, it is unlikely I could find fault.
13. Mr and Mrs X have also said the window encroaches on their property. But this will be a private civil matter between Mr and Mrs X and their neighbour.

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Final decision

14. We will not investigate Mr and Mrs X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman