Manchester City Council (22 017 463)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 10 Apr 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about planning permission for a neighbour’s extension because there is no evidence of fault by the Council.
The complaint
- Ms X says that the Council failed to take into account her amenity when considering a neighbour’s planning application for a single storey rear extension.
The Ombudsman’s role and powers
- 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, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X submitted a planning application for a rear single storey extension (plus porch) in December 2022. Ms X objected to the planning application on the grounds that it would affect her privacy and light.
- The Planning Officer report included photographs and plans which illustrated the likely effect the extension would have on neighbouring amenity.
- The Planning Officer concluded that the position of the extension meant that there would be little loss of direct sunlight and privacy, especially with the screening of the existing 2m fence. Planning permission was granted.
- I am satisfied that the Council had all the necessary information and evidence before it to reach a professional judgement on the planning application. Ms 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.
Investigator's decision on behalf of the Ombudsman