Summary: We will not investigate this complaint that the Council failed to take enforcement action against work at a house close to the complainant’s home. There is not enough evidence of fault in how the Council has dealt with the matters raised.

The complaint

1. The complainants, who I will call Mr & Mrs G, complain about the Council’s response to their concerns about work carried out at a neighbouring property. They complain a loft extension overlooks their garden and was built without consultation.

Back to top

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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by Mr & Mrs G and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Technical Guidance on Permitted development (PD) rights for householders says:

“Permitted development rights allow householders to improve and extend their homes without the need to apply for planning permission where that would be out of proportion with the impact of works carried out.”

6. A section of the Technical Guidance deals with additions to the roof. This says:

“Additions and alterations made to a roof to enlarge a house (for example a loft conversion or the replacement of an existing flat roof with a pitched roof) will only be permitted development if no part of the house once enlarged exceeds the height of the highest part of the roof of the existing house.”

And

“To be permitted development any additional roof space created must not increase the volume of the original roof space of the house by more than 40 cubic metres for terraced houses and 50 cubic metres for semi-detached and detached houses.”

7. Mr & Mrs G told the Council their neighbour was building a roof extension which overlooks their back garden and breaches their privacy.
8. In response to their concerns, planning officers from the Council contracted the owner of the developed property. Based on measurements and photos provided by the owner, the Council says it completed volume calculations. As a result of these calculations, the Council confirmed the loft extension falls well within the PD limits.
9. As the work is permitted development, consultation and planning permission are not required. The Council cannot take any enforcement action against the loft extension.

Back to top

Final decision

10. We will not investigate Mr & Mrs G’s complaint because there is not enough evidence of fault in the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman