Summary: Mr X complains about the Council’s grant of planning permission for an extension by his neighbour. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mr X complains about the Council’s grant of planning permission for an extension by his neighbour.

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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. I considered Mr X’s comments on the draft decision.

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My assessment

6. Mr X’s neighbour submitted three planning applications for a rear extension. The first two were withdrawn by the applicant but the Council granted planning permission for the third after Mr X objected and made representations at the Planning Committee.
7. Mr X complains about the way the first two planning applications were considered, but as they were withdrawn, no injustice is caused to Mr X.
8. The third, full, planning application was the subject of objections by Mr X and he presented his case at the Planning Committee. The Planning Officer report refers to the effect upon Mr X’s amenity and imposed a restriction on windows which could affect Mr X’s amenity.
9. Mr X argues that this condition is unenforceable. The Council disagrees and says the condition can be enforced if not complied with. This is speculative. If the condition is not complied with and the Council is unable to enforce it, Mr X may make a new complaint to this office. The Ombudsman cannot determine whether a planning condition is enforceable; only a Planning Inspector can do this.
10. 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.

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Final decision

11. 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