Summary: We will not investigate this complaint about a planning application. There is not enough evidence of fault in how the Council made its decision, so we cannot question the outcome.

The complaint

1. Miss X complains the Council wrongly approved a planning application that she believes does not comply with the Bromley Local Plan. She says the development will affect the outlook or view from her home and be intrusive.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

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How I considered this complaint

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

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My assessment

6. Miss X says the Council approved her neighbour’s planning application which she believes does not comply with the Council’s policies. She says the development has affected the enjoyment of her home.
7. The Council’s decision shows it considered the effects the development would have on the visual and residential amenity of its surroundings. The delegation report says the Council notified local nearby owners/occupiers of the application and no representations were received. There is not enough evidence of fault in how the Council made its decision, so we cannot question the outcome.
8. Miss X’s main concern about the development is the loss of the neighbouring site’s trees which were a feature of the outlook from her home when she moved in. The trees belong to the neighbour, however, and as garden trees were not protected from lopping or removal in any event. In planning law there is no right to expect protection of a particular outlook or view, so it was not something the Council had to consider.

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Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault in how the Council made its decision, so we cannot question the outcome.

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Investigator's decision on behalf of the Ombudsman