Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for a fence. This is because the information does not indicate the Council’s decision was affected by fault.

The complaint

1. Mrs B complains the Council has wrongly granted planning permission for a fence at her neighbour’s property. Mrs B says the fence affects the amenity and value of her home. Mrs B also says the fence does not have building regulations approval.

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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 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mrs B and have viewed planning records available on the Council’s website.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council wrote a case report setting out its consideration of this planning application. The report summarised Mrs B’s objections. The Council considered the impact of the fence on the amenity of Mrs B’s property and decided the fence was acceptable.
7. I have not seen any information to suggest this assessment was affected by fault.
8. The Council took relevant factors into account. This included consideration of the height of a fence which could be erected under permitted development rules, which means a grant of planning permission from the Council is not needed.
9. Some of Mrs B’s concerns such as the impact on the value of her home were not material planning considerations which the Council could consider when making this decision.
10. So, there is not enough evidence of fault to justify an investigation into Mrs B’s complaint. Unless there was fault in the Council’s decision-making process, we cannot say the Council was right or wrong to grant planning permission.
11. Also, the fence does not require building regulations approval.

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Final decision

12. We will not investigate Mrs B’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman