Summary: Ms X complains about planning permission granted to her neighbour for an extension. We will not investigate this complaint because there is no evidence of fault and part of the matter is out of time.

The complaint

1. Ms X complains about planning permission granted to her neighbour for an extension.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I considered the complainant’s comments on my draft decision.

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My assessment

7. Ms X’s neighbour obtained planning permission in 2019 for a two storey extension. This was built bigger than approved so a new planning application was submitted which amended the planning application to a single storey extension.
8. Ms X objected to the planning application. The Planning Officer noted that a single storey extension could be built without planning permission (Permitted Development) and that the proposed extension was only slightly bigger than that allowed under Permitted Development rights.
9. There is a specific reference to Ms X’s house in the Planning Officer report and the report refers to a possible loss of light (albeit partly caused by Ms X’s own extension) but concludes that this is not so great as to warrant refusal.
10. The original planning permission was granted in 2019 (Ms X says she only became aware of this in May 2020). I see no reason why a complaint about this matter could not have been made to this office within 12 months of the date she became aware of the matter. The complaint is therefore out of time.
11. The planning permission granted in 2021 was, in my view, properly considered and the impact upon Ms X’s amenity taken into account. Ms 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.
12. Any dispute about ownership of land is a private matter and there is a legal remedy for such disputes.

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Final decision

13. I do not intend to investigate this complaint because there is no evidence of fault causing injustice and part of the complaint is out of time.

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Investigator's decision on behalf of the Ombudsman