Summary: Mr X complained that wording used in a planning officer report from 2020 led to the removal of vegetation screening, affecting the privacy of his property. We ended our investigation into Mr X’s complaint because it is late and there are no good reasons to investigate now. Further, Mr X’s complaint concerns a proposed development that is not yet built, therefore, any injustice is speculative.

The complaint

1. Mr X complained about a Council planning application for a development near his home.
2. Mr X says wording in the officer’s report suggested hedgerow screening would remain. He says the Council should have applied a condition to the planning permission to ensure screening was installed to protect his privacy.
3. Mr X says the matter has caused him distress and frustration and wants financially compensating to replace the lost screening.

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The Ombudsman’s role and powers

4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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))

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How I considered this complaint

6. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
7. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Relevant law and guidance

Planning Control

8. Planning controls the design, location and appearance of development and its impact on public amenity. Planning controls are not designed to protect private rights or interests. The Council may grant planning permission with conditions to control the use or development of land.
9. Local Planning Authorities must consider each application it receives on its own merits and decide it in line with their local planning policies, unless material considerations suggest otherwise. Material considerations concern the use and development of land in the public interest and include issues such as overlooking, traffic generation and noise. People’s comments on planning and land use issues linked to development proposals will be material considerations. Councils must take such comments into account but do not have to agree with those comments. The number of objections received is not a material planning consideration

Planning officer

10. The purpose of the case officer’s report is not only help the council decide on the application. It is also to demonstrate the decisions were properly made and due process followed. 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.

What happened

11. In 2020 the Council approved planning for the erection of a building with storage above, to the rear of Mr X’s garden.
12. The planning officer’s report said hedgerow along the boundary partially obscured views from surrounding properties and there was no demonstrable harm to neighbouring properties. It said the trees and hedges would remain but were not subject to any protection.
13. Mr X complained to the Council he said:
• the planning officer report was inaccurate and flawed therefore an informed decision could not be made; its wording indicating the hedgerow would remain;
• he understood that the hedgerow was not protected, however different wording could have been used; and
• he wanted screening to be provided to protect his privacy from a planned staircase and ‘viewing platform’.
14. The Council did not uphold Mr X’s complaint it said:
• his concerns had been considered by planning enforcement; and
• the report stated the hedgerow was not protected; Mr X had not raised any objections at the time.
15. Mr X remained unhappy with the Council’s response and asked the Ombudsman to investigate.
16. He said two large trees had been removed 18 months ago and now the rest of the hedging had been removed. He was concerned that the proposed staircase and ‘viewing platform’ would be used regularly which would affect his properties privacy.

My findings

17. Mr X has complained about the Council’s decision to grant planning permission based on the wording of the planning officers report. However, I consider his complaint late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. It has been a few years since the planning was granted, and Mr X knew about the development at the time. Further, Mr X recognised the hedging was not protected and became aware of the hedge’s removal 18 months ago, when large trees were removed. I see no reason to exercise discretion to investigate as Mr X could have complained to the Ombudsman sooner.
18. Furthermore, even if Mr X’s complaint was on time, my decision to end the investigation would be the same. The staircase and ‘viewing platform’ have not yet been built and therefore there is no significant injustice because any injustice to Mr X is speculative.

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Decision

19. I have ended my investigation into Mr X’s complaint. This is because the complaint is late and there is no significant injustice.

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Investigator's decision on behalf of the Ombudsman