Summary: We will not investigate this complaint about how the Council dealt with a planning application near the complainant’s home. This is because we are unlikely to find fault.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his neighbour’s planning application. Mr X says the Council has not properly considered the application and his property is significantly overlooked by the development.

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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 and have considered his comments in response.

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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. Mr X’s neighbour applied to the Council for planning permission to build a single storey rear extension with a first-floor balcony. The Council considered the application and granted permission.
6. After the works were completed, Mr X contacted the Council to complain about the impact on his property. Mr X said the new balcony overlooks his garden and causes a significant loss of privacy. Mr X believes his home has lost value as a result. Mr X would like the new balcony removed or compensation for the loss of value to his home.

Assessment

7. I will not investigate this complaint about how the Council dealt with a planning application for a development near the complainant’s home. This is because I am unlikely to find fault.
8. The Ombudsman does not act as an appeal body for planning decisions. Instead, we must consider if there was any fault with how the decision was made.
9. I am satisfied the Council properly considered the impact on Mr X’s home before granting planning permission. The case officer addressed the impact on neighbouring amenity in their report before deciding there would not be an adverse impact. The case officer accepted there may be some views over Mr X’s garden from the proposed balcony but said this would not be to the primary amenity area and would not be more than a window in the same location would allow. The case officer concluded the level of overlooking would not be detrimental. I understand Mr X disagrees, but the case officer was entitled to use their professional judgement in this regard 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.
10. Mr X has said his home has lost value because of the development. However, loss of value is not a material planning consideration.
11. Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the main issues complained about, we will not usually use public resources to consider more minor issues such as complaint handling. Mr X’s main complaint is about the Council’s decision to grant planning permission, not how the Council handled his complaint.

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Final decision

12. We will not investigate this complaint. This is because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman