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

The complaint

1. Ms X complains the Council did not consider the impact of a new development next to her property when approving planning consent. She says this has impacted her wellbeing and she has to keep a light on during the day. She also says this has devalued her 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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’s planning website.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complains the Council did not consider the impact a development would have on her property while deciding a planning application. She says the building has blocked light coming through a window and caused more shade in her garden.
7. The Council gave planning consent in December 2024 for the demolition of two properties and the construction of five properties on a plot next to Ms X’s home. Construction has since begun on the site.
8. The evidence shows the Council did give consideration and it acknowledged the levels of light to the window would be reduced. The Council said there are additional windows in the room meaning an acceptable level of light would be retained. The Council considered the plans would avoid any significantly harmful overbearing to Ms X’s property.
9. The Council has given a balanced judgement, and this is not something the Ombudsman can criticise. There is not enough evidence the Council’s procedure is at fault to justify an investigation.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman