Summary: There is no fault in the way the Council considered the impact of a dormer extension on Mrs X’s property. There is also no fault in the Council deciding the addition of a flue to a single storey extension is covered under permitted development rules.

The complaint

1. Mrs X complains the Council has granted planning permission for an extension to her neighbour’s house. Mrs X says windows from a dormer extension overlook her garden and a bedroom in her house.
2. Mrs X says she was not notified of the application. She says she did not receive a letter from the Council and the Council posted a notice about the application in an area where she was unlikely to come across it.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
5. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I have spoken to Mrs X about her complaint and considered the information she provided to the Ombudsman.
7. I have also considered information we have received from the Council including records of visits to the site. I have also considered information about the planning application which is available to the public on the Council’s website.

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What I found

Planning law

8. All decisions on planning applications must be made in accordance with a council’s development plan, unless material considerations indicate otherwise.
9. Statutory guidance issued by the government (National Planning Policy Framework) says that where the development plan is silent or the relevant policies are out of date, planning applications must be determined in accordance with a ‘presumption in favour of sustainable development’. This means planning permission should be given unless any adverse impacts would outweigh the benefits when assessed against the National Planning Policy Framework, or the Framework indicates development should be restricted.
10. When considering planning applications councils can only take account of material considerations. These relate to the use and development of land in the public interest. Material considerations include issues such as overlooking, traffic generation and noise. Councils cannot take account of private considerations such as the applicant’s personal conduct, land rights or reduction in the value of a property.
11. Councils will notify local people when a planning application is received and give them an opportunity to comment. The volume or strength of local opposition or support for a proposal is not in itself a ground for refusing or granting planning permission. However, councils must consider any material planning considerations raised in comments from local people. Councils must also consider the impact of any development on surrounding properties even if it receives no comments from local people.
12. Councils are required to give publicity to planning applications.  The publicity required depends on the nature of the development although in all cases the application must be published on the council’s website. In this case, the requirement was also for a site notice or neighbour notification.
13. The Council has adopted the “Essex Design Guide” which sets out guidance on design policies in residential areas within the Essex area. The Essex Design Guide says there should be at least 25 meters between rear elevations of homes which face each other.
14. Parliament has given a blanket planning permission (‘permitted development’) for many minor works. Subject to the specific nature of the works, councils have no control over these matters. Town and Country Planning (General Permitted Development) (England) Order 2015
15. Any chimneys or flues which are added to a residential property are allowed under permitted development rules so long as they do not extend more than 1 meter from the highest part of the roof of the house.

What happened

16. In 2017 the Council granted planning permission for an extension to a property at the rear of Mrs X’s home. This included a dormer extension to the roof with windows looking towards the rear of Mrs X’s home.
17. The Council produced a case officer report which considered the impact of the extension on Mrs X’s home. It said:

“The dormer window would be directed towards the rear of another neighbouring property, but there is considerable distance between the two properties, as well as existing trees that would screen the dormer window from this neighbour. The dormer window addition would not cause any issues in respect to unacceptable levels of overlooking”.

18. Mrs X says she was not notified about the application. The Council says it wrote to her and placed a site notice outside her neighbour’s property. Mrs X says she would not have seen the site notice as it was in a cul-de-sac and says she did not receive any letters from the Council.
19. In 2019 Mrs X’s neighbour began building the extension. This was the first time Mrs X became aware of the planning permission. Mrs X complained to the Council about the extension and it visited the site to carry out an inspection.
20. The Council found the extension was being build in line with the planning permission which was granted in 2017. The Council also noted that it may have been possible to build a slightly smaller dormer extension using permitted development rights.
21. The Council responded to Mrs X’s complaint at stage 1 and stage 2 of its complaints process. The Council said it had considered the impact of the extension on her property.
22. Mrs X’s neighbour has recently added what appears to be a flue for a log burner to part of a single storey rear extension. Mrs X contacted the Council about this. It said:

“The government allows householders to install chimneys, flue or soil and vent pipes to their properties without planning permission, provided its height does not exceed the highest part of the roof of the main dwellinghouse by 1m. In this case the chimney falls well below the highest part of the main roof and as such planning permission would not be required.”

My findings

23. Although planning permission was granted in 2017, Mrs X did not become aware of her neighbour’s planned extension until construction work began. Therefore it is not reasonable to expect her to have complained about this matter sooner.
24. There is evidence the Council produced a letter to notify Mrs X about the planning application. However, I cannot say why Mrs X did not receive this. In any case the Council considered the impact of the proposed development on surrounding properties including aspects which Mrs X may have objected to.
25. There is no fault in the Council’s decision to grant planning permission for Mrs X’s neighbour’s extension. The Council has considered the distance between Ms X’s property and the dormer extension. The dormer extension is over 25 metres from the rear of the nearest property and so complies with the Council’s adopted policies on separation distances between rear facing elevations.
26. There is also no fault in the way the Council investigated Mrs X’s concerns about the extension. The Council visited the site to check the extension was being built to plan.
27. The flue does not appear on any approved plans for the rear single storey extension. However, the Council says this is covered by permitted development rights. When considering the highest part of a main roof the Council must consider the entire house. The flue does not extend beyond the line of the roof of the house and so the Council is not at fault for saying this is covered by permitted development rights.

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Final decision

28. I have completed my investigation as I have found no fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman