Summary: We will not investigate this complaint about the Council’s decision that a shed is permitted development. There is no evidence of fault in the way the Council made its decision.

The complaint

1. The complainant, I shall call Mr X, says the Council has allowed a neighbour to breach planning control by building a shed which affects his property and privacy. He wants compensation.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure.’ I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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 and the Government’s technical guidance on permitted development rights for householders.

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My assessment

5. The Government guidance on permitted development rights for householders states:

“…references to height (for example, the heights of the eaves on a house extension) is the height measured from ground level. (Note, ground level is the surface of the ground immediately adjacent to the building in question and would not include any addition laid on top of the ground such as decking. Where ground level is not uniform (for example if the ground is sloping), then the ground level is the highest part of the surface of the ground next to the building.)”

6. Mr X reported a breach of planning control by his neighbour who erected a shed in their garden with the top third of the door visible above his fence. He says this is a visual intrusion into his home.
7. A Council Officer visited the site. They confirmed the shed does not exceed the maximum height of 2.5 metres when measured from the highest point of the ground level next to the building. They also confirmed the concrete base does not exceed 300mm and therefore does not require planning permission.
8. The Council acknowledges Mr X’s concerns about loss of privacy. However, the shed is permitted development and does not breach planning control. Therefore, it cannot take any action.

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Final decision

9. We will not investigate Mr X’s complaint. The Council has visited the site, measured the shed and decided it is permitted development. We have seen no evidence of fault in the way the Council dealt with Mr X’s report of a breach of planning control.

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Investigator's decision on behalf of the Ombudsman