Summary: We will not investigate Ms 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, Ms X, complains about the Council’s handling of her neighbour’s planning application for an extension. She says the Council failed to properly consult on the application and granted planning permission for the extension despite its size and appearance, which she considers is out of keeping with the local area. She also complains the extension will overlook her property.

Back to top

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)

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the planning application documents, which are available online.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Council accepts it failed to put up a site notice as required to publicise the application, however it does not consider this error affected its decision.
6. The planning officer’s report shows the Council considered the impact of the proposal on the local area, including any impact from the materials used and the size of the extension. It also considered whether the proposal would affect neighbour amenity or result in unacceptable overlooking but it concluded it would not. It therefore found no reasons to refuse the application and granted planning permission for it.
7. It is clear Ms X disagrees with the Council’s decision but the law does not allow us to question its judgement. We cannot therefore say the Council was wrong to grant planning permission for the extension or reach the view that it would not have done so, had it put up a site notice.
8. Ms X also complains the Council failed to consult local residents on her neighbour’s application to amend the approved plans but there was no requirement for consultation in that case.

Back to top

Final decision

9. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council in its consideration of the planning application or to say its failure to put up a site notice wrongly affected the decision.

Back to top

Investigator's decision on behalf of the Ombudsman