Summary: We will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning application. This is because there is not enough evidence of fault by the Council.

The complaint

1. Mr X complains the Council did not properly consider the potential for overlooking from his neighbour’s development. He says the design and access statement was not truthful and this led him not to object to the planning application.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)

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How I considered this complaint

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

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My assessment

5. When determining applications for planning permission councils will consider any evidence from the applicant in support of the application but they will ultimately reach their own view about whether the proposal is acceptable.
6. Mr X says his neighbour’s design and access statement was not truthful but the Council is not responsible for this and did not rely on it to reach its decision.
7. Mr X’s main concern relates to several windows at ground floor level which he says overlook his garden. The Council has explained that any overlooking from ground floor level is in principle limited and it had to consider his neighbour’s right to develop their property without planning permission, which would have allowed them to install new windows without seeking the Council’s approval. The Council has visited the site and confirms there is the potential for some views into Mr X’s garden but this does not necessarily show the decision was wrong. The question for the Council was and is whether the overlooking is significant enough to have warranted refusal of the application and the Council does not considering it is.
8. I have seen no evidence of fault affecting the Council’s view on this point and I cannot therefore question its decision.

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Final decision

9. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council affecting its decision.

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Investigator's decision on behalf of the Ombudsman