Huntingdonshire District Council (20 009 495)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 10 Mar 2021
The Ombudsman's final decision:
Summary: Mr X complains about the Council’s grant of planning permission for a neighbour’s extension. We will not investigate this complaint because there is no evidence of fault by the Council.
The complaint
- Mr X complains about the Council’s grant of planning permission for a neighbour’s extension.
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 has commented on the draft decision.
What I found
- Mr X’s neighbour submitted a planning application in May 2020 for a first floor extension with balcony. The Council considered the planning application but took the view that the balcony would have an unacceptable impact on neighbouring amenity. The applicant altered the planning application to include a Juliet balcony instead. The Council considered that this would have similar impact on neighbouring privacy as a bedroom window and was therefore acceptable.
- Mr X argues that the Council was misled by a photograph supplied by the applicant but the Planning Officer had before them the scaled plans showing the relationship between the two buildings and the proximity of the gardens. They also had the benefit of the objections made by neighbours about loss of privacy.
- Whilst Mr X argues that his privacy is affected, I am satisfied that the Council properly considered the impact on him. 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