Summary: Ms X complains about the Council’s decision to grant planning permission for a window on her neighbour’s roof. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Ms X complains about the Council’s decision to grant planning permission for a window on her neighbour’s roof.

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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, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.

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What I found

4. Ms X’s neighbour submitted a planning application in July 2020 for a roof window. Ms X objected on the grounds that there would be an overlooking from the window which would cause a loss of privacy.
5. The Planning Officer visited and concluded in a report that, whilst there could be some overlooking, the roof was a of shallow gradient and was small and of such a height that it would be unlikely to lead to views over Ms X’s garden as the window was placed at least 1.7m above floor height. The Planning Officer concluded that the effect upon Ms X’s amenity was not sufficient to warrant refusal of the planning application. The Council granted planning permission in October 2020.
6. I am satisfied that the Council was fully aware of the possible effect upon Ms X’s amenity from the planning application. Ms 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.

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Final decision

7. I do not intend to investigate this complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman