Sefton Metropolitan Borough Council (24 013 023)

Category : Planning > Planning applications

Decision : Closed after initial enquiries

Decision date : 15 Jan 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about planning permission as there is no evidence of fault by the Council.

The complaint

  1. Mr X complains that he was not told of amended plans for a neighbour’s extension and his amenity has suffered as a result of the grant of planning permission.

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The Ombudsman’s role and powers

  1. 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:
  • there is not enough evidence of fault to justify investigating, or
  • any fault has not caused injustice to the person who complained, or
  • any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X’;s neighbour was granted planning permission for an extension in 2023. The Council says that he was notified of this planning application at the time and further notified in November 2023 when plans were amended.
  2. The Planning Officer report specifically refers to the effect upon Mr X’s amenity and concluded that the loss of light was not so great as to warrant refusal.
  3. The Ombudsman is 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, regardless of whether you disagree with the decision the organisation made.
  4. I am satisfied that the Council granted planning permission without fault.
  5. I note that a further amended planning application has been submitted to reflect the work carried out. No decision has yet been reached on this and Mr X has an opportunity to object to this.

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Final decision

  1. We will not investigate Mr X’s complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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