Summary: We will not investigate Mr X’s complaint about the Council's decision to grant planning permission. There is insufficient evidence of fault to justify further investigation. We will also not investigate Mr X’s complaint about planning enforcement. This part of the complaint is late.

The complaint

1. Mr X complains the Council have approved planning for an extension at neighbouring property. Mr X also complains the Council have not taken enforcement action when the neighbour removed some trees on the neighbour’s property.

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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 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))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the information available on the Council’s planning website.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council decided to grant planning permission to extend a property neighbouring Mr X’s home.
7. Mr X says the planned extension will be unsightly when viewed from his property.
8. Planning controls the design, location and appearance of development and its impact on public amenity. Planning controls are not designed to protect private rights or interests. The Council may grant planning permission with conditions to control the use or development of land.
9. Local Planning Authorities must consider each application it receives on its own merits and decide it in line with their local planning policies, unless material considerations suggest otherwise. Material considerations concern the use and development of land in the public interest and include issues such as overlooking, traffic generation and noise. People’s comments on planning and land use issues linked to development proposals will be material considerations. Councils must take such comments into account but do not have to agree with those comments. The number of objections received is not a material planning consideration.
10. A council planning officer will normally write a report assessing the proposed development. The report will refer to relevant planning policies and the planning history of the site; summarise peoples’ comments; and consider the main planning issues for deciding the application. The assessment often involves the planning officer in balancing and weighing the planning issues and judging the merits of the proposed development.
11. In this case, the planning officer prepared a report which included a summary of the objections received, including those from Mr X. The report also detailed the relevant local and national policy, and an explanation of why the planning officer considered the proposal acceptable.
12. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant information. While Mr X does not agree with the Council’s decision in this case, there is no evidence of fault to justify an investigation.
13. Mr X also complains the Council have not taken enforcement action against the removal of trees and hedges on the neighbour’s property.
14. We normally expect people to complain to us within twelve months of them becoming aware of a problem. The trees and hedges were removed over five years ago. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.

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Final decision

15. We will not investigate Mr X’s complaint. There is insufficient evidence of fault to justify further investigation.

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Investigator's decision on behalf of the Ombudsman