Summary: Ms X complains about the grant of planning permission for a neighbour’s extension. 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 grant of planning permission for a neighbour’s extension.

Back to top

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))

Back to top

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.

Back to top

My assessment

6. Ms X owns a flat in a building made up of further flats. Her neighbour submitted a planning application for a rear extension to their flat.
7. Ms X objected on the grounds of loss of privacy and the general effect upon her neighbouring flat.
8. The Planning Officer noted the objection but concluded that the extension would not harm Ms X’s amenity to such an extent as to warrant refusal of the planning application. The Planning Officer noted that the side of the extended room faced a wall which would cause no loss of amenity to the neighbouring building and would not cause loss of amenity of the opposite side.
9. I am satisfied that the Planning Officer considered any possible loss of privacy to Ms X. Whilst Ms X has raised objections regarding the party wall, the Council is satisfied that this is a private matter which can be resolved by law. Ms X raised concern about possible noise disturbance from the party wall but the Planning Officer noted that the insulation proposed would be considered separately in reference to building regulations.
10. Ms X says that a further planning application has been submitted for the development. She will have an opportunity to object to this if she wishes. Any complaint about this is premature until a decision is made.

Back to top

Final decision

11. I do not intend to investigate this complaint because there is no evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman