Summary: We will not investigate this complaint about the Council’s decision that new homes built behind the complainant’s home are built in line with approved plans and according to Council policy. We consider there is not enough evidence of fault to justify an investigation. And that further investigation will not lead to a different outcome.

The complaint

1. Mr X complains the new houses built behind his home are causing his property to flood and have a negative impact on his view, privacy and light.
2. He also complains the Council has refused to answer his questions fully.

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The Ombudsman’s role and powers

3. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains the new houses behind his home have been built to a higher level than the level shown in the approved plans. He says this has caused overlooking, loss of light and flooding.
7. The Council confirms officers have conducted a survey of the built houses. It says the finished floor levels are slightly lower than those shown in the approved plans. And the ground levels of the rear gardens are very close to those shown on the approved plans.
8. Mr X also raised concerns that the new houses are built too close to his home, causing overlooking, loss of privacy and loss of light.
9. The Council’s Site Allocations and Development Policies Document was adopted by the Council in December 2022. This states that new houses of two stories or less which back onto the rear of existing properties must have 21 metres between the rear elevations. The Council confirms the new houses which back onto Mr X’s rear garden have a separation distance of 21.92 metres between the rear elevations. Therefore the development complies with the existing policy.
10. Having reviewed Mr X’s complaints to the Council and its responses, I am satisfied the Council has provided appropriate responses to the complaint.

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Final decision

11. We will not investigate Mr X ’s complaint. This is because the Council has carried out checks and confirms it is satisfied the levels of the new houses are in line with the approved plans. The new properties are also more than the required 21 metres from Mr X’s home. We have seen no evidence to show the Council has breached its planning policies by granting planning permission for the new houses. Therefore, there is not enough evidence of fault to justify an investigation. Also, further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman