Summary: Mrs X complains about the Council’s decision to grant planning permission to alter and extend the property next to her home. The Ombudsman will not investigate this complaint as we have not seen any evidence of fault in the way the Council made its decision.

The complaint

1. Mrs X complains about the Council’s decision to grant planning permission to alter and extend the property next to her home.
2. She says the new building is:
• too large
• is too close and ‘dwarfs’ her home
• is out of keeping with the rest of the area; and
• breaches covenants

Back to top

The Ombudsman’s role and powers

3. 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)

Back to top

How I considered this complaint

4. I considered the information provided by Mrs X and the Council. This includes all her complaints to the Council and its responses. I also considered the details of the planning application on the Council’s website.
5. Mrs X commented on the draft version of this decision.

Back to top

What I found

6. The Council received a planning application to alter and extend the property next door to Mrs X’s home. It publicised the application.
7. Mrs X and others, including the parish council objected to the application.
8. The developer amended the application. The Council publicised the changes and again, Mrs X and others objected to the application.
9. The objections included:
• Loss of light to surrounding properties
• Impact on residential amenity
• Noise during construction
• Out of keeping with the street scene
• Possible breaching of covenants
• Potential overlooking; and
• Blocking of access to neighbour’s oil tank

10. The case officer visited the application site. They prepared a report of the proposal. This report includes a summary of the objections received, including those made by Mrs X.
11. The planning officer summarised their views on the impact of the proposal, informed in part by the site visit and explains why they consider the application overcomes the objections. I have not seen any evidence of fault in this approach.
12. Mrs X disagrees with the planning officer’s view and the Council’s decision. However, this is a matter of professional judgement and I have seen no evidence of fault in the process followed by the Council. Without fault the Ombudsman cannot criticise the Council’s decision.

Back to top

Final decision

13. I will not investigate this complaint. We have not found evidence of fault in the way the Council considered her neighbour’s planning application.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman