Summary: Ms X complains about the Council’s failure to notify her of a planning application. 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 failure to notify her of a planning application.

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The Ombudsman’s role and powers

2. 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)

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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. Ms X says that the Council failed to tell her of a planning application for a balcony on a property neighbouring her second home.
7. The Council says that they placed three site notices in the area and an advertisement placed in the local paper. The Council adds that their time limit for commenting is a week longer than the national requirement.
8. Regulations set out the minimum requirements for how councils publicise planning applications.
9. For all minor developments councils must publicise by either:
• a site notice; or
• serving notice on adjoining owners or occupiers.
10. I am satisfied that the Council acted in accordance with their policy and the law. In the absence of fault, the Ombudsman cannot question the Council’s notification in this case.
11. The Council says that Ms X’s amenity was considered in the decision itself. The Council took the view that, given the existing balcony level, the existing mutual overlooking, the density of the property and sloping topography, there were no grounds to refuse the planning application.
12. I appreciate that Ms X considers that the new planning permission will affect her privacy but, in the absence of fault, there are no grounds to investigate the complaint or question the decision.

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Final decision

13. 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