Swale Borough Council (21 001 238)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 06 Sep 2021
The Ombudsman's final decision:
Summary: Mr X complains about the Council’s grant of 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 grant of 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 considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- I have considered Mr X’s comments on the draft decision.
My assessment
- Mr X’s neighbour submitted a planning application for a replacement shed. He says that the shed is too big and it obstructs his access.
- The Council granted planning permission after the Planning Officer considered that the shed, whilst larger then the previous shed, was of an acceptable scale and complied with Council policy.
- The Planning Officer accepted that the shed would affect Mr X’s view but concluded that any other shed would have the same effect and the loss of view is not a planning consideration which could warrant refusal. The Planning Officer decided that the impact of the shed would not cause a loss of amenity to Mr X from either overlooking or loss of privacy.
- I am satisfied that the Council properly considered the effect upon Mr X’s amenity for the planning application. 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.
- Any access issues are a private matter and not a planning consideration.
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