Cornwall Council (19 017 977)

Category : Planning > Planning applications

Decision : Closed after initial enquiries

Decision date : 12 Mar 2020

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s decision to grant planning permission for a new dwelling opposite his home. This is because it is unlikely we would find fault by the Council.

The complaint

  1. The complainant, Mr X, complains about the Council’s decision to grant planning permission for a new dwelling opposite his home. He says the new dwelling has caused overlooking to his property.

Back to top

The Ombudsman’s role and powers

  1. 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)

Back to top

How I considered this complaint

  1. I reviewed the complaint raised on Mr X’s behalf by his daughter Mrs Y. I shared my draft decision with Mrs Y and considered her comments.

Back to top

What I found

  1. The Council granted planning permission for a new dwelling on land opposite Mr X’s property in 2018. Mr X objected to the proposal but the Council approved it. Mrs Y says they could not anticipate the impact of the new dwelling on Mr X’s amenity/privacy as they are not planning professionals, but now that the build is underway they can see it will overlook Mr X’s property. They would like the Council to amend the planning permission and require obscure-glazing, or otherwise remove the window.
  2. The Ombudsman will not investigate this complaint. The planning officer’s report shows it considered the impact of the development on Mr X’s privacy when reaching its decision and it is therefore unlikely we would find fault by the Council. The law does not allow us to question the merits of a decision which is not affected by fault and we cannot now alter the planning permission to require obscure-glazing as Mr X would like.

Back to top

Final decision

  1. The Ombudsman will not investigate this complaint. This is it is unlikely we would find fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings