Summary: We will not investigate this complaint about how the Council handled a planning application. This is because we are unlikely to find fault by the Council. Ms Y has also not suffered significant injustice.

The complaint

1. Mr X complains on behalf of Ms Y about the Council’s decision to grant planning permission for an extension at a neighbouring property. Mr X says the development would cause loss of amenity to Ms Y’s property.

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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
• any fault has not caused injustice to the person who complained.

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

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My assessment

6. Mr X complained the Council did not follow the proper planning policy when it decided to grant planning permission for an extension to Ms Y’s neighbour’s property. Mr X says the development will cause Ms Y’s window to look onto a brick wall and will look like terraced housing.
7. Councils should approve planning applications in line with their local development plan, unless material planning considerations suggest otherwise.
8. Material planning considerations may include:

• Access to the highway;
• Protection of ecological and heritage assets; and
• The impact on neighbouring amenity.

Material planning considerations do not include:

• Views from a property;
• The impact of development on property value; and
• Private rights and interests in land.

9. Councils may impose planning conditions to make development acceptable in planning terms. Conditions should be necessary, precise, enforceable and reasonable in all other regards.
10. 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. I am satisfied the Officer’s Report refers to the relevant planning policies.
11. I understand Mr X said that the Council did not inform Ms Y about her neighbour’s planning application. I am satisfied that even if the Council did not inform Ms Y of the application, that she has not suffered any injustice as she did have the opportunity to formally object.
12. Ms Y successfully raised an objection that was properly considered by the Council and her objection was specifically referred to in the Officer’s decision statement.
13. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
14. Mr X has raised concerns about the lack of a party wall agreement. But this will be a private civil matter between Ms Y and her neighbour.
15. Mr X has complained about how the Council communicated with Ms Y and says it did not respond to emails. But I do not consider the injustice suffered as a result would be significant enough to warrant an investigation by the Ombudsman. Ms Y’s concerns about the development were also addressed in the Council’s complaint responses.

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Final decision

16. We will not investigate Mr X’s complaint because we are unlikely to find fault with the Council. Ms Y has also not suffered significant injustice.

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Investigator's decision on behalf of the Ombudsman