Summary: We will not investigate this complaint about the Council’s failure to tell the complainant of a planning application as it should have done. The Council has already apologised for this and explained the complainant’s objections to the plans would not have changed its decision. This is an acceptable remedy to the complaint. We are satisfied the Council considered the impact of the development on Mr X’s property and further investigation will not lead to a different outcome.

The complaint

1. Mr X complains the Council failed to tell him of a planning application made for a new flat and extension below his property. And it relied on false information when assessing the application. Because of this he lost the opportunity to object to the plans. He says the development has obscured his view of the garden and grounds, caused his tenants to leave and possibly caused a loss in the value of his property.

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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 impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. All decisions on planning applications must be made according to the council’s development plan unless material considerations suggest otherwise.
7. Government statements of planning policy are material considerations.
8. Material considerations relate to the use and development of land in the public interest, and not to private considerations such as the applicant’s personal conduct, covenants, or reduction in the value of a property. Material considerations include issues such as overlooking, traffic generation and noise.
9. Local opposition or support for a proposal is not in itself a ground for refusing or granting planning permission unless the objections are valid material planning reasons.
10. General planning policies may pull in different directions (e.g. in promoting residential development and protecting residential amenities).
11. It is for the decision maker to decide what weight to give any material consideration in deciding a planning application.
12. Councils delegate most planning decisions to their officers. The types of decisions delegated to officers are normally set out in a council’s constitution or scheme of delegation.
13. Planning officer’s reports facilitate the decision and demonstrate that decisions were properly made, and due process followed.
14. 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.
15. The Council received a planning application for a single storey side extension and conversion of a storage area to create a single bedroom apartment, enlarge an existing apartment and build a new porch below an apartment owned by Mr X.
16. The Council accepts it failed to notify Mr X as it should have. It has apologised for this. Mr X says it also failed to put up a site notice. The Council says it believes this was done but does not have a photograph to prove this.
17. Mr X was denied the opportunity to object to the planning application. He says he would have objected because the development spoils the view of the gardens surrounding the house. However, there is no right to a view in planning terms and this objection is not a material planning consideration.
18. The Council’s planning officer report considers the impact of the development on neighbouring apartments. It refers to two parking spaces per apartment with three visitor parking spaces. Mr X says the apartment leases say there should be a visitor parking space for each apartment. However the proposal meets the Highway Authority guidance which is two off-street parking spaces for such development. I understand Mr X is concerned this does not equal the provision set out in his lease, but this is a civil matter and not a planning consideration.
19. From the information in the planning officers’ report I am satisfied the Council considered the impact of the development on the amenity of Mr X and his neighbours. I understand he was denied the opportunity to object. However, the objections outlined including loss of view of the garden, and possible increased noise from a new property below and noise during construction are issues which can be controlled outside the planning process.

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Final decision

20. We will not investigate Mr X’s complaint because the Council has apologised for failing to notify him of the planning application. However, we are satisfied the Council considered the impact of the proposed development on Mr X’s amenity. Loss of a view and possible loss in property value are not material planning considerations. Possible noise nuisance from the occupants of the new property or during construction can be controlled outside of the planning process. Therefore, further investigation of this case would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman