Summary: X complained about the Council’s decision to approve a planning application. We completed our investigation because we found no fault in the decision-making process.

The complaint

1. The person that complained to us will be referred to as X. X complains on behalf of a family member.
2. X complained about the Council’s decision to approve a planning application for development on the neighbour’s land, for an extension including a raised patio area.
3. X said the raised patio renders the boundary fence ineffective, particularly because of differences in height levels between the properties. X would like the Council to provide compensation to pay for measures to better protect against the loss in privacy.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. 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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How I considered this complaint

6. I read the complaint and discussed it with X. I read the Council’s response to the complaint and considered documents from its planning files, including the plans and the case officer’s report.
7. I gave the Council and X an opportunity to comment on a draft of this decision.

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What I found

Planning law and guidance

8. Councils should approve planning applications that accord with policies in the local development plan, unless other material planning considerations indicate they should not.
9. Planning considerations include things like:
• access to the highway;
• protection of ecological and heritage assets; and
• the impact on neighbouring amenity.
10. Planning considerations do not include things like:
• views over another’s land;
• the impact of development on property value; and
• private rights and interests in land.
11. Councils may impose planning conditions to make development acceptable in planning terms. Conditions should be necessary, enforceable and reasonable in all other regards.
12. Details of how a council considered an application are usually found in planning case officer reports. The purpose of the case officer’s report is not merely to facilitate the decision, but to demonstrate the decisions were properly made and due process followed. Without an adequate report, we cannot know whether the council took proper account of the key material planning considerations or whether judgements were affected by irrelevant matters.
13. However, the courts have made it clear that case officer reports:
• do not need to include every possible planning consideration, but just the principal controversial issues.
• do not need to be perfect, as their intended audience are the parties to the application (the Council and the applicant) who are well versed of the issues; and
• should not be subject to hypercritical scrutiny, and do not merit challenge unless their overall effect is to significantly mislead the decision maker on the key, material issues.
14. Not all planning decisions are made by council planning committees. Councils may delegate decisions to planning officers to make some decisions, restricted to circumstances set out in delegation schemes. Delegation schemes are found in a council’s constitution.

What happened

15. The Council received a planning application to extend a house. The plans included a raised patio to provide level access from the rear of the house.
16. The planning application was considered by a case officer, who wrote a report which included:
• a description of the proposal and site;
• a letter of objection from a neighbour;
• planning policy and guidance considered relevant;
• an appraisal of the main planning considerations, including design, and the impact on residential amenity; and
• the officer’s recommendation to approve the application, subject to planning conditions.
17. A senior officer approved the application using delegated powers.
18. X complained because no consideration was given to the impact the development would have on privacy in neighbouring gardens. X said the patio would have a greater impact because of the difference in levels, and the existing fence no longer served its purpose to protect privacy and overlooking in the garden.

My findings

19. We are not a planning appeal body. Our role is to review the process by which planning decisions are made. We look for evidence of fault causing a significant injustice to the individual complainant.
20. The Council is not obliged to set out its views on every possible planning consideration. Before a decision was made, the Council took account of the plans, relevant policy, and comments that objected to the proposal. These are the main planning considerations, and the Council followed the decision-making process we would expect, so I find no fault.
21. In these circumstances, I cannot comment on the judgement that is made. Because I found no fault, I cannot recommend a remedy.

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Final decision

22. I found no fault in the way the Council made its decision and so have completed my investigation.

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Investigator's decision on behalf of the Ombudsman