Summary: We will not investigate this complaint about the Council’s handling of Mrs B’s planning application. This is because it was reasonable for Mrs B to put in an appeal to the planning inspector.

The complaint

1. The complainant, who I will refer to as Mrs B, complains that the Council told her that she cannot extend her property above her garage because of the impact on her neighbour’s bedroom window. Mrs B says her neighbour’s bedroom window was not part of the approved plans when their property was extended 15 years ago. Mrs B says the Council wrongly did not take enforcement action at the time and is now using this unauthorised window as a reason to prevent her extending her property. Mrs B would like the Council to approve her planning application or pay compensation so she can move house.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
4. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about a decision to refuse planning permission.

Back to top

How I considered this complaint

5. I considered information provided by Mrs B and planning records available on the Council website.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. We will not investigate Mrs B’s complaint that the Council has told her it will not approve her planning application. The Council’s planning records show that Mrs B withdrew her planning application. Mrs B could have waited for a refusal decision from the Council and then appealed this decision to the planning inspector.
8. I find it was reasonable for Mrs B to do this. The planning inspector would have considered if the Council’s decision was justified. Also, unlike the Ombudsman, the planning inspector has the power to grant planning permission.
9. I find that Mrs B’s complaint about the Council not taking action about her neighbour’s unauthorised bedroom window is clearly linked to the Council’s assessment of her planning application. But, even if we accepted this was a separate complaint, we would not start an investigation. This is for two reasons.
10. First, the events took place 15 years ago. It is highly unlikely we could make sound findings about matters which took place so long ago.
11. Second, Mrs B would not have suffered an injustice because of the alleged fault by the Council if she had decided not to purchase her property. Mrs B says she purchased her property five years ago with the hope she could extend the property above the garage. I find it was reasonable for Mrs B to have taken planning advice about the possibility of building this extension before purchasing the property.

Back to top

Final decision

12. We will not investigate Mrs B’s complaint because it was reasonable for her to appeal to the planning inspector.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman