Summary: Miss X complained the Council allowed her neighbour permission to build a single storey rear extension without considering the impact on their residential amenity. There was no fault in the Council’s consideration of a prior approval planning application from Miss X’s neighbour.

The complaint

1. Miss X complained the Council allowed her neighbour permission to build a single storey rear extension without considering the impact on their residential amenity.
2. Miss X further complains the Council failed to visit the site and will not take enforcement action over the extension, which has two large side windows overlooking Miss X’s kitchen and garden.
3. Miss X said the extension has caused a loss of privacy and loss of light to their kitchen.
4. Miss X also said the neighbour installed pipework in a shared alleyway without permission.

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The Ombudsman’s role and powers

5. 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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
6. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

7. I investigated the Council’s consideration of Miss X’s neighbour’s extension and how it responded to Miss X’s complaint.
8. I did not investigate the pipework in the shared alleyway. This is a private civil matter outside of the Council’s control.

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How I considered this complaint

9. As part of the investigation, I considered the complaint and the information Miss X provided.
10. I made written enquiries of the Council and considered its response along with relevant law and guidance.
11. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Permitted development

12. Not all development needs planning permission from local planning authorities. Certain developments are deemed permitted, providing they fall within limits set within regulations. This type of development is known as ‘permitted development’.
13. Some permitted development proposals need an application so the council can decide whether it can or should control certain parts of the development, such as design and materials issues or access to the highway. These applications are known as ‘prior notification’ or ‘prior approval’ applications. For the purposes of my investigation, I have used the term 'prior approval’.
14. In May 2013 the government introduced a scheme allowing householders whose properties had permitted development rights to build larger, rear single storey extensions using the prior approval process. Details can be found in Schedule 2, part 1 (Class A.1(g)) of the Town and Country Planning (General Permitted Development) Order 1995 (as amended). I have referred to this as the GPDO.
15. The scheme allows increases from 6 to 8 metres deep for detached houses and bungalows; and from 3 to 6 metres for terraced and semi-detached.
16. The householder must tell the council what their plans are and give the council the addresses of any adjoining neighbours. The council will then notify the neighbours. Neighbours may object but only if it will harm their amenity. The council must then consider whether the impact is acceptable, in line with relevant planning policy.
17. If the Council determines no prior approval is required, the development is subject to the requirement that it is built with similar materials to the house.

Site Visits

18. Council officers and planning committees are not obliged to carry out site visits before deciding on a planning application. Officers and members will often already have local knowledge of an area and be able to identify the impact of a proposed development using ariel photographs and other tools such as Google Streetview.

What happened

19. I have summarised below some key events leading to Miss X’s complaint. This is not intended to be a detailed account of what took place.
20. The Council received a prior approval application from Miss X’s neighbour (the applicant) on 23 July 2020.
21. The application was for a ‘larger home extension’ under the GPDO. It proposed a six-metre-deep single storey rear extension, with a height of four metres and eaves three metres high.
22. The Council said it wrote to neighbours on 6 August 2020, including to Miss X. It provided details of the proposed development and gave them 21 days to comment.
23. The Council sent an acknowledgement letter to the applicant, confirming which neighbours it wrote to.
24. The Council did not receive any comments from neighbours, so it wrote to the applicant on 4 September 2020. It confirmed the applicant did not need prior approval, and the works were therefore permitted development.
25. Miss X complained to the Council in July 2023 when her neighbour started building their extension. She was concerned about the dimensions of the extension, as it blocked light to her home. She said the extension is not yet complete, but no one told her about the plans.
26. The Council said it said neighbour notification letters, including to Miss, on 6 August 2020.
27. In August 2023, Miss X asked the Council to consider the complaint at stage two of its complaint process. She said she did not receive the letter and asked for proof of delivery. She also said the extension is right next to the boundary fence at the side of her home, with large windows overlooking the kitchen and garden, invading their privacy. Miss X said the least she expected was the Council to come and view the extension to understand her concerns.
28. The Council sent its final response in September 2023. It said it accepted the applicant’s plans as not needing prior approval. It gave Miss X guidance on the prior approval application process, and explained it is different from making a formal planning application.
29. The Council confirmed it consulted Miss X as part of the application process on 6 August 2020. It said if any neighbours had objected it would have considered their comments and decided whether there was any unacceptable impact on neighbouring amenity. However, it received no objections.
30. The Council recognised Miss X’s frustration at not receiving the notification letter, but said it followed the correct process.

Analysis

31. I found the applicant gave the Council the relevant information needed for the prior approval application.
32. As part of the application process, it is the Council’s responsibility to tell the applicant’s neighbours and give them a chance to comment. I am satisfied the Council sent notification letters to neighbours, including Miss X. The Council gave me a screenshot from its computer system confirming it produced a notification letter on 6 August 2022 that included Miss X’s address.
33. Unfortunately, Miss X said she did not receive her notification letter. However, the Council does not need to show proof of delivery. Delivery is the responsibility of Royal Mail. It is enough for the Council to show it sent the letters, which I am satisfied it did. The Council is therefore not at fault.
34. Miss X complained the neighbour’s extension caused a loss of privacy and light. As the Council did not receive any objections from neighbours, it was not under a duty to consider the material planning considerations, such as the impact on neighbouring residential amenity.
35. Specifically, Miss X complained about a side elevation window overlooking her home. I found the GPDO states side elevation windows of an upper floor must be obscure glazed. However, there is no such restriction for ground floor windows, which are not mentioned.
36. Miss X was unhappy the Council did not visit the site to consider her concerns. Council’s do not have a duty to carry out site visits, even for full planning applications, so I do not criticise the Council for not visiting the site over a prior approval application.
37. If Miss X had made a planning enforcement complaint, the Council may have visited the site. However, while Miss X raised concerns with us about the size and height of the neighbouring extension not being built to plan, I did not see evidence she complained about this to the Council. When Miss X contacted the Council, the extension was not complete. Her complaint to the Council was about the impact on her amenity, which the Council could only consider if she had objected to the prior approval application at the relevant time. The Council was therefore not at fault.

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Final decision

38. I have completed my investigation. There was no fault in the Council’s consideration of a prior approval planning application from Miss X’s neighbour.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman