Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for a new property at the rear of Mrs X’s home. This is because she has not been caused a significant injustice.

The complaint

1. Mrs X complains the Council has granted planning permission for a new residential property at the rear of her home. She says the occupants of the new property will be able to see into her garden and her privacy will be compromised.
2. Mrs X says the Council’s planning committee failed to visit the site and did not see photos which properly showed the relationship between the new property and her home. She also says she was not able to put forward her views at the meeting.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant. I have also considered information about the planning application on the Council’s website.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The back of Mrs X’s home is separated from the new property by over 36 metres. The Council’s planning policies say 21 metres between rear facing properties is usually the minimum distance required to protect neighbouring amenity and privacy. Given the separation distance exceeds the minimum standards set out in the Council’s policies as well as the fact the proposed dwelling faces Mrs X’s home at an angle we cannot say she has been caused a significant injustice and so will not investigate the complaint.

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Final decision

7. We will not investigate Mrs X’s complaint because she has not been caused a significant injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman