Summary: Mr X complains about the grant of planning permission for a neighbouring property. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mr X complains about the grant of planning permission for a neighbouring property.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

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

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant had an opportunity to comment on my draft decision.

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My assessment

6. Mr X lives two doors away from a property which was the subject of a planning application for a two storey extension in 2019. Mr X was not notified of this. However, the Ombudsman would not consider this to be fault as his property does not align the land subject to the planning application. Only such properties would be notified.
7. Mr X says that the extension will overlook his house and garden and reduce the light to his property.
8. The Planning Officer report refers to the effect upon the property nearest the extension and concluded that, given the angle of the extension and the separating distance, the amenity of the nearest neighbour would not be so affected as to warrant refusal. Given that Mr X lives one property further away, I am satisfied that the Council properly took into account neighbouring amenity and the effect upon Mr X’s amenity would not have led to a refusal of the planning application.
9. I am satisfied therefore that there was no fault in the way the Council considered the planning application. In the absence of procedural fault, it is not for the Ombudsman to question the merits of the Council‘s decision.

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Final decision

10. 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