Summary
Mr X complains about the Council’s decision to grant planning permission to a neighbour. We will not investigate this complaint because there is no evidence of fault by the Council.
The complaint
Mr X complains about the Council’s decision to grant planning permission to a neighbour.
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.
The complainant had an opportunity to comment on my draft decision.
My assessment
Mr X’s neighbour submitted a planning application for a single storey extension to his property. Mr X objected to the planning application arguing that it would affect the amenity of his garden.
The Planning Officer report advised that the effect upon Mr X was not so great as to warrant refusal because of the distance between the buildings and trees and other screening reducing that effect.
I am satisfied that Mr X’s amenity was considered by the Council when the decision was made to grant planning permission. Mr X's dissatisfaction lies with the merits of the Council's decision but, in the absence of fault, the Ombudsman cannot criticise the Council's decision.
Final decision
I do not intend to investigate this complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman