London Borough of Hillingdon (21 009 682)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 17 Nov 2021
The Ombudsman's final decision:
Summary: Ms X complains about the way the Council considered a planning application for a neighbour’s extension. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.
The complaint
- Ms X complains about the way the Council considered a planning application for a neighbour’s extension.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- I considered the complainant’s comments on my draft decision.
My assessment
- Ms X’s neighbour submitted a planning application in June 2021 for a first floor extension. Ms X objected to the planning application arguing that the increased roof space would reduce the amount of light to her property.
- The Planning Officer’s report refers to this objection but argued that, given the eaves height and pitched roof design, the extension would not significantly harm the amenity of Ms X’s house in terms of light, outlook, privacy and sense of enclosure. A condition was added to the new proposed windows to ensure that they were obscure glazed. The Planning Officer report also refers to the distance between the two properties in reaching this conclusion.
- Ms X argues that the extension will substantially affect daylight to their bedroom.
- I appreciate that Ms X takes a different view to the Council as to the effects of the extension, but I am satisfied that her objection was properly considered. The Council’s conclusion was reached properly, and, in the absence of administrative fault, the Ombudsman cannot criticise the merit of that decision.
Final decision
- I do not intend to investigate this complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman