Summary: Mr X complains that the Council’s grant of planning permission for a neighbour’s extension causes him a loss of privacy. We will not investigate this complaint because there is no evidence of fault by the Council causing him injustice.

The complaint

1. Mr X complains that the Council’s grant of planning permission for a neighbour’s extension causes him a loss of privacy.

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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. The complainant had an opportunity to comment on my draft decision.

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My assessment

6. Mr X’s neighbour submitted a planning application for a two storey side extension which was granted in March 2022. Mr X had objected but the Planning Officer concluded that, although the extension would be 10m away from Mr X’s house, it would only affect the two windows at the back of Mr X’s house which were small and of non habitable rooms. The Planning Officer noted that, in addition, there were mature trees on the boundary and so concluded that there would be no loss of amenity caused by the extension.
7. Mr X says that the trees are no longer there. Mr X says the Planning Officer was misled by google maps which showed the trees. However, the trees were also shown on the scaled plans.
8. Whilst it is possible for trees to be removed following a grant of planning permission, I am satisfied that the decision was based upon the distances and angle of the windows overlooked, and the nature of the rooms of which they formed a part. Therefore, even if there was any error over the existence of the trees, I do not consider they would have affected the decision itself.
9. 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.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman