North Tyneside Metropolitan Borough Council (20 007 164)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 23 Feb 2021
The Ombudsman's final decision:
Summary: Mr X complains about the way the Council considered a neighbour’s planning application. We will not investigate this complaint because there is no evidence of fault by the Council.
The complaint
- Mr X complains about the way the Council considered a neighbour’s planning application.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.
What I found
- The Council considered a planning application form Mr X’s neighbour in May 2020 for an outbuilding in the garden. Mr X objected to the planning application but the Council granted planning permission in July 2020.
- The Planning Officer noted in their assessment of the planning application that there was a 1.8m fence and a tree which limit the impact of the building on Mr X’s amenity. The Planning Officer also noted that there would be no overlooking windows from the proposed building. The Planning Officer concluded that the building would not have such an adverse impact on Mr X’s amenity as to warrant refusal of the planning application.
- I am satisfied that the Planning Officer properly considered the impact of the planning application upon Mr X’s amenity. 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.
Final decision
- I do not intend to investigate this complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman