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 and we cannot achieve the outcome Ms X wants.

The complaint

1. The complainant, Ms X, complains about the Council failed to properly consider the impact of her neighbour’s planning application. She says the development impacts on her enjoyment of her property and reduces light levels to her garden. She considers the development is overbearing, out of keeping with the area and inappropriate. She wants the Council to remove part of the development approved and carry out alterations to the remaining part.

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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 Ms X and the planning application documents available online.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I understand Ms X does not agree with the Council’s decision to grant planning permission but we are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly we cannot question whether the decision was right or wrong.
6. I have reviewed the planning officer’s report and this summarises residents’ objections to the proposal and shows the Council considered the impact of the development but decided it was acceptable. The officer’s view is a matter of professional judgement and I have seen no basis for us to criticise it. We cannot therefore say the decision was wrong.
7. We also cannot achieve the outcome Ms X wants as the development has already been built and we have no power to force the neighbour to alter it.

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Final decision

8. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and we cannot achieve the outcome Ms X wants.

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Investigator's decision on behalf of the Ombudsman