The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to allow a roof terrace at a property neighbouring Mr X’s. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
Mr X complains the Council failed to follow local and national guidance in relation to roof terraces when it granted permission for one at a property adjacent to his. He says issues raised about overlooking, loss of privacy and amenity to him and the wider area were dismissed and consent should have been refused.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council, including its response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X objected to his neighbour’s planning application to build a roof terrace which would impact his property. The Council considered Mr X’s objections but decided the impact was such that refusal was not warranted and it granted permission for the development.
In response to Mr X’s complaint about the matter, the Council addressed the issues he raised but did not uphold his complaint.
It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. While Mr X does not agree with the Council’s decision in this case, there is no evidence to suggest fault affected it.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman