Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for Ms X’s neighbour’s extension. This is because there is no evidence of fault in the way the Council reached its decision.

The complaint

1. Ms X complains the Council has granted planning permission for her neighbour’s two storey extension which blocked light to her property. Miss X says she now gets very little sunlight at the rear of her property and the Council’s actions have caused her significant distress.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
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)

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How I considered this complaint

4. I considered information provided by the complainant and information about the planning application from the Council’s website.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council considered the impact of the extension on Ms X’s property when it reached its decision to grant planning permission. The Council produced an officer report which found there would only be a “slight increase” in the loss of light when compared to the existing impact of her neighbour’s property. The Council also advised the applicant to withdraw plans for a single storey extension which formed part of the application due to the impact on Ms X’s property. The single storey element was withdrawn.
7. There is no evidence of fault in the way the Council reached its decision to grant planning permission. The Council’s officer report demonstrates that the Council has considered the application in line with its published policies. Ms X may disagree with the Council’s decision but in the absence of fault in the way it was reached we cannot criticise it. Therefore we will not investigate this complaint.

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Final decision

8. We will not investigate Ms X’s complaint because there is no evidence of fault in the way the Council reached its decision to grant planning permission.

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Investigator's decision on behalf of the Ombudsman