Summary: We will not investigate Mr X’s complaint about a planning decision he says causes overlooking to his property. This is because there is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. The complainant, Mr X, complains about the Council’s decision to grant planning permission for a new dwelling which overlooks his property, without requiring obscure-glazed screens to maintain his privacy. He says his property is now overlooked, will be more difficult to sell and worth less. He says he has had to spend £18,000 to install blinds to all the windows on one side of his house and is concerned about overlooking to his garden.

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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 do not start an investigation if we decide 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. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly we cannot question whether the decision was right or wrong.
6. The planning officer’s report clearly shows the officer considered the impact of the proposal on Mr X’s property, including in terms of overlooking/loss of privacy, but decided this was acceptable. I appreciate Mr X disagrees with their view but there is no basis for us to question it. Planning decisions require a degree of professional judgement and without any evidence to show the decision is irrational or perverse the law does not allow us to challenge this judgement. We cannot therefore say the decision was wrong or that the Council should compensate Mr X for the cost of his blinds or any loss of value which results from its decision.
7. If Mr X believes the Council’s decision is flawed he may wish to seek legal advice about challenging it by judicial review at the High Court. The Court has powers to quash the planning permission and order the Council to reconsider the matter whereas we cannot say the Council must make changes to the proposal now it has been approved.

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Final decision

8. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and we cannot therefore achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman