Summary: Ms X complains about the Council’s grant of planning permission for a development next to her home. The Ombudsman 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 development next to her home.

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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. Ms X’s neighbour submitted a planning application for a development of apartments near her house. Ms X objected and the matter was considered by a Planning Committee. Ms X attended and spoke at the Planning Committee and wrote the Planning Committee separately prior to the meeting.
7. The Planning Officer report specifically refers to Ms X’s property. The Planning Officer noted that some of the windows were to be obscure glazed and the distances between the properties was such that there would be no overlooking. The Planning Officer noted that only non-habitable rooms might be overshadowed. Further, a privacy screen (which was to be the subject of a planning condition) was to be incorporated in a flat roof to reduce any loss of privacy.
8. I appreciate that Ms X is unhappy with the effect upon her property and her amenity but I am satisfied that the Council properly considered the effect upon her. In the absence of administrative fault, the Ombudsman cannot question the professional judgment of the Planning Officer or the Planning Committee’s decision to approve the planning application.

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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