Summary: We will not investigate Mrs X’s complaint about the Council’s handling and consideration of her neighbour’s planning application. This is because there is not enough evidence of fault in the Council’s actions to justify investigating.

The complaint

1. Mrs X complains about the Council’s handling of a planning application for building works at a neighbouring property. She says:
• the Council failed to notify her about the application and did not properly consider the impact of the development on her home and neighbouring properties; and
• the development infringes her privacy and does not comply with planning rules or policies, and the Council has failed to take appropriate enforcement action.
2. Mrs X says the development has caused her distress and a loss of privacy.

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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
• 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 Mrs X and publicly available planning information contained on the Council’s website.
5. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council granted planning permission for building works at the property next to Mrs X’s home including alterations and extensions to the property and the installation of new windows.
7. Mrs X says the Council did not notify her or other neighbours about the application and so she could not object to the application before permission was granted.
8. After works began, Mrs X complained to the Council about the development infringing her privacy and breaching planning development rules and policy. She also complained that works were not being carried out in line with the approved plans.
9. The Council acknowledged Mrs X’s concerns and raised them with the applicant. The applicant applied to vary the original permission, including making some changes intended to address some of the concerns Mrs X raised.
10. Mrs X objected to the variation, however the Council approved the amended plans. She remains unhappy with the outcome and says her concerns have not been properly addressed.

The original application

11. The law requires Councils to notify neighbours about planning applications by sending letters to the owners or occupiers of adjoining properties. This gives neighbours 21 days to comment. Councils also have a duty to consider the potential impacts of planning developments on neighbouring properties.
12. The evidence I have seen shows the Council issued and sent notification letters to neighbouring properties, including Mrs X’s address. While I accept Mrs X may not have received her letter, I cannot say this was due to fault by the Council.
13. In relation to Mrs X’s concerns the Council did not properly consider the impact of the development on her property, the recommendation report prior to planning approval shows the Council:
• considered the impact of the development on Mrs X’s property;
• referred to conditions that were in place to avoid overlooking into Mrs X’s property; and
• acknowledged that some of the extension would have some impact on Mrs X’s property but it was not such to warrant refusal in the case.
14. Based on this, I am satisfied the Council followed the proper processes and properly considered the impact of the development when assessing the application. We therefore cannot question the outcome.

Unauthorised development

15. Mrs X complains the development is not compliant with the approved plans, are in breach of planning law and continue to infringe on her privacy. She says that because of this the Council should take enforcement action to stop the building works.
16. In deciding whether to commence enforcement action, councils take account of a number of different factors including national and local planning policies, permitted development rights, whether the development is likely to be granted planning permission, and the need to achieve a balance between the protection of amenity and permitting development which is acceptable.
17. The Council’s complaint response shows it:
• acknowledged that some aspects of the development were not compliant with the approved plans. The Council then raised any non-compliance issues with the applicant;
• completed a further assessment of aspects of the proposed development to better determine the impact on Mrs X’s property;
• acknowledged some impact on Mrs X’s home but considered it was not to such a degree to warrant a refusal of the planning application; and
• determined that enforcement action was disproportionate as many of Mrs X’s concerns could be addressed through remedial action, such as through alterations to the current planning permission.
18. Mrs X’s neighbour applied to vary the original planning permission and Mrs X had an opportunity to object to the variation application. The planning officer’s report shows the Council considered Mrs X’s objections against its policy and relevant planning law. The Council also considered the impact the variation had on Mrs X’s property and other neighbouring properties. The Council approved the variation and concluded it would not involve significant impact on the privacy of neighbouring properties.
19. I am satisfied the Council has followed proper processes in responding to Mrs X’s complaint and considering her objections to the variation application. I acknowledge that Mrs X may disagree with the outcome but I have seen no evidence of fault in the process. We therefore cannot question the outcome.
20. We also cannot achieve the outcome Mr X wants, which is for the Council to consider the application again with a view to revoking the planning permission and altering the development it has approved.

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Final decision

21. We will not investigate Mrs X’s complaint. This is because there is not enough evidence of fault in the Council’s handling and consideration of her neighbour’s planning application.

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Investigator's decision on behalf of the Ombudsman