Summary: Mr and Ms X complain about planning permission granted by the Council for a neighbour’s extension. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mr and Ms X complain about planning permission granted by the Council for a neighbour’s extension.

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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 complainants and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainants had an opportunity to comment on my draft decision.

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My assessment

6. The complainants’ neighbour submitted a planning application for an extension at the front and rear of their property in 2020. The Council granted planning permission in November 2020.
7. The complainants argue that the extension will reduce the light into their rooms.
8. The Planning Officer considered the effect upon their property. The Planning Officer noted that, although the 45 degree rule was satisfied, the planning application did not meet the Council’s planning policy as it failed to meet the 5m per storey separation distance but only in relation to the neighbour on the other side of the development. The Planning Officer noted that the extension would reduce the light to the complainants’ house.
9. Nevertheless, the Planning Officer concluded that, with the position and height of the fence, the extension would not cause such loss of amenity as to warrant refusal of the planning application.
10. I am satisfied that the Planning Officer had before them scaled plans, and all objections before the decision was made. Whilst I sympathise with the loss of light the complainants may experience, the Ombudsman cannot question the professional judgement of the Planning Officer where there is no evidence of administrative fault.

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Final decision

11. 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