Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her neighbour’s planning application. This is because there is not enough evidence of fault by the Council affecting its decision.

The complaint

1. The complainant, Mrs X, complains her neighbour failed to show her a revised set of plans for his proposed development before applying for planning permission. She says the development overlooks her property and she believes the Council should have required her neighbour to use obscure glazing for a window which impacts on her privacy.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I understand that Mrs X is concerned her neighbour did not share his amended plans to develop his property with her but this is not the result of any fault by the Council. The Council put up a site notice to make local residents aware of the proposal but received no objections. It considered the impact of the development on Mrs X’s property and found that while it would have some impact in terms of overlooking, this impact was acceptable. Mrs X disagrees with the Council’s decision but the law does not allow us to question its merits.
6. Mrs X contrasts the Council’s decision on her neighbour’s application with its decision on an application of her own but each application is decided on its merits. If Mrs X felt the Council’s decision on her application was wrong then she could have appealed to the Planning Inspectorate. This is not a reason for us to find fault in the Council’s decision and we cannot say it must revoke the planning permission or require changes to the approved plans.

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Final decision

7. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council in the way it reached its decision. We cannot therefore question the decision itself.

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Investigator's decision on behalf of the Ombudsman