Summary: We will not investigate this complaint about the Council’s handling of reports of alleged breaches of planning control. This is because there is not enough evidence the Council is at fault to justify an investigation.

The complaint

1. The complainant, Mrs X, complains about the Council’s handling of her reports of alleged breaches of planning control. Mrs X says she no longer has privacy in her garden or home following the Council giving planning consent for a neighbouring development.

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The Ombudsman’s role and powers

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

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How I considered this complaint

3. I considered information provided by the complainant, the Council’s planning website and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says that since the Council gave planning consent for a development of homes at the rear of her property, she has lost privacy in her home and her garden. She says she is overlooked by construction workers and wants the Council to use planning enforcement powers to make the developers install fencing to maintain her privacy.
6. The planning application and associated conditions do not specify that fencing should be in place during construction. The plans show that once completed, there will be a 1.8metre-high fence at the boundary of Mrs X’s property. The Council says it could not have justified seeking the boundary fencing to be in place before the properties were constructed. Therefore, the Council is not able to use planning enforcement powers to make the developer install fencing during construction. The Ombudsman would not criticise the Council’s decision on this matter.
7. The Council has considered Mrs X’s complaint and provided her with a reasonable and proportionate response. The Council acknowledges that any development may cause disruption to neighbouring households and says it encourages developers to be considerate. The Council has advised Mrs X to liaise with the developer about the matter. There is not enough evidence the Council is at fault to justify the Ombudsman’s involvement.

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Final decision

8. We will not investigate Mrs X’s complaint because there is not enough evidence the Council is at fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman