Summary: We will not investigate this complaint that the Council did not properly take into account the impact on Ms X’s property when deciding on planning applications. This is because it is unlikely that we would find fault.

The complaint

1. Ms X says the Council did not properly take into account the impact on her property when deciding on her neighbour’s planning applications. Ms X says she has lost privacy and utility.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended).

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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. Ms X complained that the development has led to a loss of privacy and utility at her property. This included:

• potential access to a bedroom via a flat roof,
• new windows affording views into her home and
• the development obscuring views.

7. The Council properly considered the original planning application. The Council assessed the impact of the development and addressed Ms X’s objections. The case officer’s report explained why the development was acceptable.
8. I am also satisfied the Council looked into Ms X’s concerns about the development not being built in line with the approved plans. The Council received a retrospective application to regularise the planning breach. The Council also properly considered the acceptability of the retrospective application.
9. The Council was entitled to use its professional judgement to decide the proposal was acceptable and the Ombudsman cannot question this decision unless it was tainted by fault. As the Council properly considered the applications, I consider it unlikely that we would find fault.
10. If Ms X feels any aspect of the planning permissions have not been complied with or there are further breaches, then she can report this to the Council’s enforcement team.
11. Ms X also said that the Council did not follow its own procedures in responding to her complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

12. We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman