Summary: We will not investigate this complaint because we have not seen enough evidence of fault in the way the Council consider prior approval applications.

The complaint

1. Mr X complains the Council has not visited the neighbouring property to consider the impact of extensions on his home.
2. He says the approved extensions block his light, have an impact on his privacy and will devalue his property.

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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.

(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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Between permitted development, which does not require planning permission, and a full planning application, there is a third process called prior approval. This applies where the development is in principle permitted development but the local planning authority needs to authorise certain elements of the work.
7. The prior approval process allows local planning authorities to assess the impact of the proposed development on various issues, including siting and appearance.
8. For prior approval applications the Council is required to:
• Erect a site notice or write to neighbours.
• Consult the Local Lead Flood Authority, the Environmental Health Officer and the Local Highways Authority; and
• Consider the information provided by the applicant.
9. Mr X complains the Council did not visit the property to see the impact of the proposals on his home. However, there is no statutory requirement for the Council to make a site visit for prior approval application. Planning officers can use online mapping, photos or video as an alternative to a site visit.

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Final decision

10. We will not investigate Mr X’s complaint because the Council is not required to visit sites when considering prior approval applications. Therefore we have not seen enough evidence of fault in the Council’s decision not to visit his neighbour’s property.

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Investigator's decision on behalf of the Ombudsman