Summary: We will not investigate this complaint about how the Council dealt with a planning application. 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.

Back to top

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)

Back to top

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.

Back to top

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. The Council received a planning application from Mr X’s neighbour to enlarge an existing window opening and create a juliette balcony. Mr X objected to the proposal. He was concerned about the impact on his privacy and said the Council should request further plans from the applicant to properly assess the proposal and ensure the window is not turned into a viewing platform.
6. The Council considered the application and granted permission subject to conditions. Mr X is unhappy with the Council’s decision and says the new development will have a significant impact on his amenity.

Assessment

7. I will not investigate this complaint about how the Council dealt with a planning application. This is because I am unlikely to find fault by the Council.
8. Mr X says the new window and balcony will have a significant impact on his privacy. He says the case officer did not visit the site so the decision to grant permission was based on incomplete information. However, the case officer addressed the impact on neighbouring properties in their report before deciding the proposal was acceptable and would not cause material harm to Mr X’s amenity. The officer also visited the site before planning permission was granted. I understand Mr X says the new window will significantly increase overlooking. The case officer does accept the new window and balcony will offer views over the neighbouring gardens but decides this impact will be acceptable for the urban environment. The case officer was entitled to use their professional judgment in this regard and the Ombudsman cannot question this unless it was tainted by fault.
9. Mr X has complained the plans for the development do not show the depth of the balcony and the Council should have requested additional information to ensure the applicant does not build a viewing platform. But the Council was satisfied it had enough information to determine the application. It is also clear from the case officer’s report that the application was for a juliette balcony and the development will need to be built in line with the approved plans.
10. As the Council properly considered the acceptability of the application before granting planning permission it is unlikely I would find fault.
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 how the Council dealt with the planning application, not how the Council handled his complaint.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman