Summary: We will not investigate this complaint about planning permission because there was a right of appeal to a Planning Inspector and there is insufficient evidence of fault by the Council to warrant investigation.

The complaint

1. Ms X complains that the Council advised her that a planning application for a building on a side garden would not suceed. She says that a subsequent owner of the land obtained planning permission without any notification by the Council. She says that new building affects her amenity.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
3. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• Delay – usually over eight weeks – by an authority in deciding an application for planning permission
• A decision to refuse planning permission
• Conditions placed on planning permission
• A planning enforcement notice.

4. 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

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

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My assessment

7. Ms X says that she submitted a planning application for a building in her side garden in 2023 but this was withdrawn following advice. Any refusal of a planning application could be appealed to a Planning Inspector. The Planning Inspectorate is an independent body which can determine any dispute about such decisions. Ms X could have pursued the planning application and appealed any refusal. I see no reason why an appeal could not then be made in this case and so the complaint is out of jurisdiction.
8. She says that she sold the land and the purchaser obtained planning permission for a building which affects her amenity. She says that she was not notified of this by the Council.
9. The Council says that a notification letter was sent. The Council says that the planning application submitted by the new owner took her amenity into account. It adds that a regularising planning application has been submitted to consider aspects of the building which did not comply with the planning permission. Ms X has been given an opportunity to comment on this planning application.
10. The Planning Officer considered amenity in the later planning application and, after observing photographs of the site, noted that the property would be unlikely to overshadow the neighbouring property and its positioning was similar to others in the area. A condition was added to ensure the levels built upon were not unacceptably high. Planning permission was granted.
11. Ms X subsequently complained that the property had not been built in accordance with the approved plans. A regularising planning application was submitted and is currently being considered by the Council.
12. We cannot prove whether or not the notification letter sent to Ms X was received. I am satisfied, however, that Ms X’s amenity was properly considered by the Council.
13. Councils have a range of options for formal planning enforcement action available to them.
14. However, as planning enforcement action is discretionary, councils may decide to take informal action or not to act at all. Informal action might include negotiating improvements, seeking an assurance or undertaking, or requesting submission of a planning application so they can formally consider the issues.
15. I am satisfied that the Council acted without fault in seeking and obtaining a regularising planning application for the unauthorised work. Ms X has the opportunity to object to the planning application prior to consideration.

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Final decision

16. We will not investigate Ms X’s complaint because there was a right of appeal to a Planning Inspector, and there is insufficient evidence of fault by the Council to warrant investigation.

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Investigator's decision on behalf of the Ombudsman