Summary: We will not investigate this complaint about a planning permission for a summer house because there is no evidence of fault by the Council.

The complaint

1. Mr X complains that the Council granted retrospective planning permission for a summerhouse near 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:

• 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

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

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My assessment

5. The Council granted retrospective planning permission for a summer house in 2024. Mr X objected to the planning application on the grounds that those using the summer house would be able to see into his property.
6. The Planning Officer visited the site and concluded that the impact of the development was not sufficient to warrant refusal of the planning application. Specifically the Planning Officer noted that height and position of associated decking, the distance from Mr X’s house, and the position of the windows in the summer house.
7. 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.
8. I have considered the steps the organisation took to consider the issue, and the information it took account of when deciding to grant planning permission. The Planning Officer visited the site and was able to see the impact of the summerhouse in situ.
9. There is no fault in how it took the decision and I therefore cannot question whether that decision was right or wrong.

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Final decision

10. 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