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

The complaint

1. Ms X complains about the grant of planning permission for a building at the end of their neighbour’s garden.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6))

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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. I considered the complainant’s comments on my draft decision.

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My assessment

6. A planning application for a single storey garden annexe was made in April 2021. Ms X objected and the Planning Officer report considered those objections.
7. The Planning Officer had before them the scaled plans and dimensions of the annexe and the position in relation to Ms X’s house. The Planning Officer concluded that a similar building could be erected without the need for planning permission (Permitted Development). The lack of separate access and the lack of significant effect upon Ms X’s amenity persuaded the Planning Officer that planning permission should be granted.
8. I am satisfied that the Planning Officer had before them all the facts necessary to make a decision on the merit of the planning application itself. In the absence of any administrative fault, the Ombudsman would not be able to question the professional judgement of the Planning Officer and 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