Summary: We will not investigate this complaint about the grant of planning permission as there is no evidence of fault by the Council.

The complaint

1. Mr X says that the Council failed to properly consider a planning application for a neighbour’s extension.

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s neighbour submitted a planning application for an extension in March 2023. Mr X objected to the planning application, specifically referring to the type of door proposed.
6. A Planning Officer visited the site in response and, after noting the likely effect upon Mr X’s amenity, added a condition to require the door to be obscure glazed and not able to be opened.
7. I am satisfied that the Council properly considered the effect upon Mr X’s amenity of the planning application.
8. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
9. I have considered the steps the organisation took to consider the issue, and the information it took account of when deciding to grant planning permission. There is no fault in how it took the decision and I therefore cannot question whether that decision was right or wrong.
10. Mr X's dissatisfaction lies with the merits of the Council's decision but, in the absence of fault, the Ombudsman cannot criticise the Council's decision.

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Investigator's decision on behalf of the Ombudsman