Summary: We will not investigate Mr X’s complaint that the Council did not properly assess a planning application. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr X states his neighbour’s extension has impacted his property. He says the Council did not properly assess the planning application.
2. Mr X states this has impacted his enjoyment of his property and caused financial loss.

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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 the complainant and the Ombudsman’s Assessment Code.

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My assessment

5. Mr X states the Council did not complete a light survey or 45-degree code assessment for his neighbour’s planning application. The 45-degree guide is one tool a Council can assess the impact of loss of light but a formal assessment is not essential to complete an assessment. The Council does not have to refuse any planning application which breaches it.
6. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
7. It is clear in the planning officer’s report the Council did consider the impact of loss of light but decided any loss of light was not significant enough to warrant refusal. The Council’s report shows it made a professional judgement based on relevant considerations. I have not seen enough evidence of fault in the assessment process, and we cannot therefore question the Council’s decision.
8. Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman