Summary: Mr X complained about the Council’s decision to approve an application for houses on land near his home. Mr X says the new development will cause overshadowing of his garden and more on-street parking. There was no fault in the way the Council made its decision.

The complaint

1. Mr X says the Council failed to properly consider a planning application, which it approved for houses on land near his home.
2. Mr X says the new houses will reduce light in his garden and on-street parking space will be reduced because the Council did not require adequate numbers of on-site parking spaces.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I read the complaint and discussed it with Mr X. I read the Council’s response to the complaint and considered documents from its planning files, including the plans and the case officer’s report.
6. I gave the Council and Mr X an opportunity to comment on a draft of this decision and took account of the comments I received.

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What I found

Planning law and guidance

7. Councils should approve planning applications that accord with policies on the local development plan unless other material planning considerations indicate they should not.
8. Planning considerations include things like:
• access to the highway;
• protection of ecological and heritage assets; and
• the impact on neighbouring amenity.
9. Planning considerations do not include things like:
• views over another’s land;
• the impact of development on property value; and
• private rights and interests in land.
10. Councils may impose planning conditions to make development acceptable in planning terms. Conditions should be necessary, enforceable and reasonable in all other regards.

What happened

11. Before the Council approved the application, it had refused an earlier one. The reasons for the refusal were that the houses would affect existing properties on either side and inadequate parking.
12. The developer submitted a revised application, moving the rear building line and changing the design of one of the houses, so it would have less impact on its existing neighbour.
13. A planning case officer considered the revised application and wrote a report which included:
• a description of the proposal and site;
• a summary of relevant planning history;
• comments from neighbours and other consultees, including the highways authority;
• relevant planning policy and guidance;
• an appraisal of the main planning considerations, including impact on amenity and highway safety; and
• the officer’s recommendation to approve the application, subject to planning conditions.
14. The case officer’s report included reasons for the change in recommendation. These are:
• The design had been changed, so that neighbours would not be significantly affected.
• The highways authority advice had changed. The application did not meet its parking standards policy, but the highways authority did not object because the parking and access arrangements were like many other houses in the area.
15. The Council approved the application subject to planning conditions.

My findings

16. We are not a planning appeal body. Our role is to review the process by which planning decisions are made. Providing the Council followed the proper processes, we cannot comment on the judgements and decisions it makes.
17. The case officer’s report shows that, before it made its decision, the Council considered the application, relevant policy and guidance, the views of neighbours and consultees and the reasons for its refusal of an earlier application. The Council followed the decision-making process we would expect and so I find no fault in the way it made its decision.

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Final decision

18. I completed my investigation because I found no fault in the way the Council made its decision.

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Investigator's decision on behalf of the Ombudsman