The Ombudsman's final decision
Summary: Mr X complains about the grant of planning permission for a neighbour and enforcement of that planning permission. We will not investigate this complaint because there is no evidence of fault by the Council causing injustice.
The complaint
Mr X complains about the grant of planning permission for a neighbour and enforcement of that planning permission.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with 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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
I considered the complainant’s comments on my draft decision.
My assessment
The Council granted planning permission for Mr X’s neighbour in 2019 to change the property from the use of bedsitters to two self contained flats and a replacement single rear story extension. The Planning Officer noted that the scheme was minor and, as most changes were internal, would not affect the amenity of neighbouring properties. Mr X says he was not notified of the planning application (though the Council says that appropriate notifications were issued). Nevertheless, I do not consider that objections would have altered the decision of the Council so no injustice is caused by this.
Mr X says that the development as built is different from the approved plans. The Council says that any use of the space above the extension as a balcony would be unauthorised and they say they will investigate for any possible enforcement action. The Council has considered whether an alteration to the design of some windows is unauthorised but considers that there are no grounds for such action.
Mr X says that there are roof lights which are unauthorised and which cause a loss of privacy to him. The Council said in December 2021 that they will investigate this and make a decision based on their investigation. Mr X may make a new complaint to us if he is dissatisfied with the Council’s response.
Final decision
I do not intend to investigate this complaint because there is no evidence of fault causing injustice.
Investigator's decision on behalf of the Ombudsman