The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her neighbour’s planning application. This is because there is not enough evidence of fault affecting the Council’s decision.
The complaint
The complainant, Mrs X, complains the Council failed to consider the impact of her neighbour’s development on her property, specifically in terms of loss of privacy.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
This complaint concerns an application for planning permission which was referred to the Council’s planning committee to decide.
While Mrs X complains the Council made no mention of her property in the officer report the meeting was dominated by discussion about the impact of the proposal on Mrs X’s privacy. Mrs X presented photographs showing the relationship between the properties and plans showing the proximity, layout and levels were shown on several occasions throughout the meeting. The Council confirmed the proposal would cause some overlooking but it had to determine whether the overlooking was acceptable. On balance it decided it was and it therefore resolved to grant planning permission.
I appreciate Mrs X does not agree with the Council’s decision or with some of the statements made at the meeting but there is not enough evidence of fault by the Council to bring the decision into question.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault by the Council affecting its decision.
Investigator's decision on behalf of the Ombudsman