Summary: We will not investigate this complaint about planning permission to remove a need for a privacy screen because there is insufficient evidence of fault by the Council to warrant investigation.

The complaint

1. Mr X complains that the Council granted planning permission for a variation of a previous planning permission to allow the applicant not to have to erect a privacy screen.

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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, or
• any injustice is not significant enough to justify our involvement.

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

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My assessment

5. Mr X complains that the Council failed to consider his amenity when approving a planning application to remove a condition requiring the placement of a privacy screen.
6. The Planning Officer noted that the original decision requiring a screen on one side of the extension was a mistake. The Planning Officer visited the site and noted that there was no planning justification to insist on a screen on one side of the building. In reaching that view the Planning Officer had the benefit of detailed objections by Mr X. There were also two photographs on the planning file to illustrate the effect of the screens on neighbouring properties.
7. 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 you disagree with the decision the organisation made.
8. I have considered the steps the organisation took to consider the issue, and the information it took account of when deciding to grant planning permission. I am satisfied that the Council properly considered the impact of the planning application on Mr X so there is no fault in how it took the decision and I therefore cannot question whether that decision was right or wrong.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant investigation.

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Investigator's decision on behalf of the Ombudsman