Summary: We will not investigate this complaint about failures in the way the Council publicised and considered a planning application and reports of breaches of planning control. We have not seen enough evidence of fault in the Council’s actions to justify an investigation. And we cannot achieve the outcome the complainant is seeking.

The complaint

1. Ms X complains :
• The Council failed to tell her of the planning application.
• The description of the development does not refer to the new home which has been built.
• Access to her property is needed to maintain the side of the new building.
• No conditions were placed on the development for privacy during the construction phase.
• The Council has failed to take enforcement action against breaches of planning control on the site.
2. Ms X wants:
• Work to stop on site and enforcement action taken.
• The building redesigned; and
• Financial compensation.

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The Ombudsman’s role and powers

3. 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
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

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

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My assessment

6. 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 the complainant disagrees with the decision the organisation made.
7. Planning authorities must publicise all planning applications. Depending on the nature of the development, publication may be by newspaper advertisement and / or site notice and / or neighbour notification (The Town and Country Planning (General Development Procedure) Order 1995.)
8. In this case the Council was required to publicise the application by:
• displaying a site notice in at least one place on or near the land to which the application relates for not less than 21 days: or
• by serving a notice or any adjoining owner or occupier.
9. The Council confirms it erected a site notice at the front of the site. It has provided photographs of the notice near the access to the site. The Council has met the statutory requirement for publicising the application. It was not required to write to Ms X.
10. Ms X also complains the description of the application is misleading. However, the description is a summary of the proposal for the site. Any interested person can inspect the full plans on the Council’s website to satisfy themselves of the proposed works.
11. Before deciding whether to grant planning permission, local planning authorities must consider certain issues. These are called material planning considerations. Issues originating from the construction period of any work such as noise, dust or temporary overlooking are not material planning considerations. It is expected that some disruption will be caused during the construction period.
12. Also, issues relating to the Party Wall Act are not material planning considerations. Such concerns are civil matter for the developer and Ms X to resolve.
13. The planning officer prepared a report on the scheme. The report noted a new property will be built next to Ms X’s boundary. However, they did not consider it would cause an unacceptable increase in overshadowing or impact on the daylight or sunlight received to her home. It also notes no windows will be included at the first floor which would cause unacceptable overlooking. This is the professional opinion of the planning officer and the Council is entitled to rely on this. The Council granted planning permission with conditions.
14. Ms X reported breaches of planning control on the site.

15. The Council has advised Ms X that it has an open planning enforcement case. It has identified certain breaches of planning control and invited the developer to submit a planning application to regularise the breaches. Ms X will have the opportunity to comment on the new application when it is received.
16. The Council has also advised Ms X if the developer of workers on the site have committed a criminal act or anti-social behaviour these should be reported to the police.

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Final decision

17. We will not investigate Ms X’s complaint because:
• We have not seen enough evidence of fault in the way the Council publicised and considered the planning application. Or in the way it has considered reports of breaches of planning control.
• We cannot require the Council to stop the building work or make the developer change the design of the new building.

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Investigator's decision on behalf of the Ombudsman