Summary: We will not investigate this complaint about planning permission because there is no evidence of fault.

The complaint

1. Mr X complains about planning permission granted by his neighbour for an extension.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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.

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My assessment

5. Mr X says that he was not notified of a planning application for his neighbour’s extension.
6. The planning application was submitted in October 2021 and was for a Lawful Development Certificate for a Proposed Development for a single storey detached building for use as a gym.
7. Mr X complains that he was not notified of this planning application so he could object.
8. However, the planning application was to confirm or not whether the works proposed would require planning permission. The Council confirmed that the work could be carried out as Permitted Development ie no planning permission was required. Therefore there was no obligation on the Council to notify neighbours as the application was, not to consider the merit of the work, but whether they were not so great as to require planning permission.
9. I am satisfied therefore that there was no fault in the Council’s consideration of the planning application. 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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Investigator's decision on behalf of the Ombudsman