Summary: We will not investigate Mr X’s complaint about the Council’s decision to grant planning permission for his neighbour’s fence. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council has granted retrospective planning permission for a neighbour’s fence which exceeds 1.8 metres.
2. He wants the neighbour’s fence reduced to the maximum permitted height.

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The Ombudsman’s role and powers

3. 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 or continue 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))

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How I considered this complaint

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

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My assessment

6. Mr X says the Council told him that, if he increased the height of his fence, his neighbour would have to take their fence down.
7. The Council confirms the Planning Inspector approved the planning application for Mr X’s restaurant. The permission included a condition that requires Mr X to have a 1.8-metre-high solid fence or enclosure along the southern and easter boundaries of the outside eating area. And this must be retained.
8. The Council required Mr X to increase the height of his fence to comply with the planning permission.
9. The neighbour erected a 2-metre-high fence. Mr X complains this exceed the maximum height allowed which is 1.8 metres.
10. The Council asked the neighbour to put in a planning application. It considered the application and granted planning permission for the fence.
11. I understand Mr X wants the neighbour’s fence to be reduced to 1.8 metres. However (when it is not next to a highway), a fence up to 1.8 metres is allowed without planning permission. Anything above that height is not illegal, it requires permission from the local planning authority.
12. In this case the Council required the neighbour to seek retrospective planning permission for the fence. It considered the application and the objections received. It decided to grant planning permission and has explained its reasons for doing so. This is a decision it is entitled to make.

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Final decision

13. We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the Council’s actions to justify an investigation.

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Investigator's decision on behalf of the Ombudsman