Summary
Ms X complains about the Council’s grant of planning permission for a neighbour’s extension. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.
The complaint
Ms X complains about the Council’s grant of planning permission for a neighbour’s extension.
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
Ms X’s neighbour submitted a planning application for variations to their property which included an extension at the rear. Ms X objected to the planning application arguing that it would be overbearing, overshadowing and be inappropriate for the area.
The Planning Officer considered her objections (and others). The Planning Officer also had the benefit of photographs and scaled plans of the building. The Planning Officer report noted that there was a high wall between the neighbouring properties. The report concluded that the single storey development would not have a significant impact on Ms X’s amenity as there are no side elevation windows or any other overlooking windows. The Council then granted planning permission.
I am satisfied that the Council was fully aware of the impact the proposed extension would have upon Ms X’s amenity. In the absence of administrative fault, the Ombudsman would not question the Planning Officer’s professional judgment.
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