Summary: Ms X complains about the Council’s decision not to notify her of amended plans to 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 decision not to notify her of amended plans to 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 has commented on my draft decision.

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My assessment

6. Ms X’s neighbour submitted a planning application in October 2020 for a garage close to Ms X’s property. Ms X objected to the planning application on the grounds that it would affect her amenity in terms of loss of light and privacy.
7. Amended plans were submitted but Ms X was not told of this and the Council then granted planning permission. The Council says that they have discretion as to whether to re-notify neighbours of amended plans. They say that they did not do so in this case as the amended plans would cause less loss of amenity to Ms X.
8. The original plans showed the garage as 6.5m high and 3m distance from to the boundary. The amended plans showed a height of 3.2m high at the boundary rising to 6.8m at 7m from the boundary.
9. The Council has a discretion as to whether or not to re-notify neighbours of amended plans. I am satisfied that they properly considered that discretion.
10. The Planning Officer report clearly refers to the effect upon their property and the basis of the conclusion to grant planning permission. I am satisfied that the planning application was properly considered.
11. In the absence of fault, the Ombudsman may not criticise that decision.

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Final decision

12. I do not intend to investigate this complaint because there is no evidence of fault.

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Investigator's decision on behalf of the Ombudsman