Summary: The Ombudsman will not investigate this complaint about how the Council dealt with a planning application. This is because it is unlikely he would find fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council has dealt with his neighbour’s planning application. Mr X says the Council did not properly consider the application and the development will have a significant impact on his home.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault.

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

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How I considered this complaint

3. I have considered Mr X’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

4. When a local authority receives a planning application it must look at the development plan and material planning considerations to decide if the proposal is acceptable. Material considerations relate to the use and development of the land in the public interest and includes matters such as the impact on neighbouring properties and the relevant planning policies. It is for the decision maker to decide the weight to be given to any material considerations in determining a planning application.

What happened

5. In 2019, the Council received a planning application from Mr X’s neighbour to build a single storey rear extension and balcony. The Council considered the application and granted permission subject to conditions. Mr X has complained about the Council’s decision to grant planning permission. He says the new balcony will cause significant overlooking and loss of privacy to his home.

Assessment

6. I will not investigate this complaint about how the Council dealt with Mr X’s neighbour’s planning application. This is because I am unlikely to find fault by the Council.
7. Mr X says the Council did not properly consider the application and he will be significantly overlooked by the development. But the case officer did address the impact on Mr X’s home before deciding there would not be a harmful impact on neighbouring properties. The developer is also required to install screening, approved by the Council, before the balcony area is used. I understand Mr X disagrees with the Council’s decision to grant planning permission, but the case officer was entitled to use their professional judgement to decide the proposal was acceptable and the Ombudsman cannot question this unless it was tainted by fault. As the Council properly considered the application, it is unlikely I could find fault.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because he is unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman