Summary: Ms X complains about the Council’s grant of planning permission for a neighbour’s property. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Ms X complains about the Council’s grant of planning permission for a neighbour.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant had an opportunity to comment on my draft decision.

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My assessment

6. Mr X’s neighbour (to the rear) submitted a planning application in 2020 to replace an existing dwelling. Ms X objected to the planning application arguing that the planning application needed a site visit by the Planning Officer and that the new dwelling would reduce privacy, light, and have an overbearing impact on them.
7. The Planning Officer’s report noted this but concluded that, if the planning permission required specific boundary screening and obscure glazed windows, the planning permission could be acceptable. The Planning Officer had before them pictures provided by Ms X and scaled plans from the planning application.
8. I am satisfied that the Council took into account all planning objections and the effect upon amenity when the planning application was determined. There is no requirement for a Planning Officer to visit a site and I am satisfied that a decision could be reached on the basis of the evidence before them. In the absence of administrative fault, the Ombudsman cannot question the professional judgement of the Council.

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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