Broadland District Council (20 012 969)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 13 Apr 2021
The Ombudsman's final decision:
Summary: Mr X complains about the Council’s decision to grant planning permission for a neighbour’s outbuilding. 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 decision to grant planning permission for a neighbour’s outbuilding.
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 was given an opportunity to comment on the draft decision.
What I found
- Mr X’s neighbour submitted a planning application in November 2020 for an annexe in his back garden. Mr X objected but the Council granted planning permission in January 2021.
- The Council had the benefit of photographs of the old building (which was to be replaced) and scaled drawings which demonstrated the relationship between the new building and neighbouring properties. The Planning Officer concluded that the new building was only slightly bigger than the old building which has a fence between the land and neighbouring land, and, as it was single storey, it would not cause any significant loss of amenity to the neighbours.
- We are satisfied that the Planning Officer was fully aware of the position and size of the building (and its impact) and therefore the decision was made without fault. 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