London Borough of Brent (21 013 010)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 18 Jan 2022
The Ombudsman's final decision:
Summary: Mr X complains 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
- Mr X complains about planning permission granted by the Council 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
- Mr X’s neighbour submitted a planning application for a single storey extension. Mr X objected and enclosed a photograph to support his argument. The Council says that the extension would normally not require planning permission as the dimensions were Permitted Development. However, as Mr X had objected, the Council had to decide whether the planning application required prior approval.
- The Council could refuse the planning application if it caused an unduly detrimental effect upon neighbouring amenity. The Council concluded that, although the extension would reduce the light to Mr X’s property, the dimensions of the extension, together with the impact a fence could make, meant that any loss of light would not be so great as to warrant refusal.
- I appreciate that the extension will cause Mr X some loss of amenity but I am satisfied that the Council properly considered the plans and his objections to the planning application. 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.
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