Basingstoke & Deane Borough Council (20 010 761)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 22 Feb 2021
The Ombudsman's final decision:
Summary: Mr X complains about the way the Council dealt with a planning application for an extension close to his house. 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 dealt with a planning application for an extension close to his house.
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 (at the rear of his house) submitted a planning application for a two storey side extension and single storey rear extension in July 2020. Mr X objected to the planning application. The applicant altered the plans which the Council considered acceptable.
- Mr X says that the new house is overbearing and too close.
- The Council says that the side and rear single storey extension could have been built as Permitted Development in any event ie without the need for planning permission.
- The Council says a site visit was carried out by the Planning Officer so the Council was fully aware of the impact of the extension when determining the planning application.
- The Council granted planning permission on the condition that the rear windows were obscure glazed to protect neighbouring amenity. The amended planning application also showed the side extension reduced in height.
- I am satisfied that the Council was fully aware of the effect of the extension on neighbouring amenity when the decision was reached. 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.
Investigator's decision on behalf of the Ombudsman