Summary: Mr X complains about the Council’s decision to grant planning permission for the removal of a planning condition which protected his amenity. 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 decision to grant planning permission for the removal of a planning condition which protected his amenity.

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The Ombudsman’s role and powers

2. 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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• 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

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

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My assessment

6. Mr X’s neighbour previously obtained planning permission for an extension which included a condition requiring obscure glazing to a window which overlooked Mr X’s garden.
7. The neighbour sought planning permission recently to remove the condition as the use of the room had changed. A Planning Officer visited the house (taking photographs) and noted that the garden could be observed by other existing windows. The Planning Officer concluded that, whilst the garden could be observed more without obscure glazing, the removal would not cause such undue overlooking impact to warrant refusal of the planning application.
8. I appreciate that Mr X is unhappy about the loss of privacy, the Council properly considered the planning application and visited to assess the impact. 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

9. 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