The Ombudsman's final decision
Summary: Mr and Mrs X complained about how the Council handled a planning application and an enforcement investigation near their house. There is no fault with the Council’s actions. We have completed our investigation.
The complaint
Mr and Mrs X complained the Council did not properly consider their concerns before granting planning permission for a development behind their house.
The Ombudsman’s role and powers
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) 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)
How I considered this complaint
I have considered Mr and Mrs X’s complaint and supporting information.
I have also considered the Council’s response and the planning documents available online.
Mr and Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
What happened In January 2020, Mr and Mrs X’s rear neighbours submitted a planning application for a detached bungalow with rooms in the roof and garden room. Mr and Mrs X objected on the grounds the development would overlook their property.
In 2019, the Council had approved an outline application so the principle of development on the site was already considered acceptable.
The Council considered Mr and Mrs X’s objections alongside other material planning considerations.
The Council said the low roof pitch made impact on the neighbours unlikely and the existing boundary treatments minimised the potential for overlooking.
It also said the garden room proposed to the rear of the garden was of limited scale and was considered unlikely it would pose a significant impact on adjacent properties. The Council acknowledged the proximity of the garden room to the boundary.
The Council approved the application in April 2020. In July, Mr and Mrs X reported to the Council that the developers were building two outbuildings in the garden. When the Council did not respond, Mr and Mrs wrote again in January 2021.
During the course of my investigation, the Council responded to Mr and Mrs X’s complaint about the two garden buildings. It said the enforcement team had investigated the buildings. One had been erected in accordance with the planning application for the bungalow. The other did not require planning permission. The Council explained permitted development to Mr and Mrs X. The Council informed Mr and Mrs X there was no planning breach.
My Analysis The Council consulted on the planning application. It then considered the comments received. I have seen evidence of this in the officer’s delegated report. Mr and Mrs X’s concerns were specifically referred to and the Council decided the development would not have a significant impact on Mr and Mrs X’s amenity. I cannot question the Council’s decision if it was made without fault.
The Council investigated the two garden buildings and determined there was no breach of planning and it would not be taking any enforcement action. Enforcement action is discretionary and if we are satisfied with how the Council has reached its decision, we would not find fault.
There was a delay with the Council’s response to Mr and Mrs X’s complaint. This is not good practice but did not cause a significant injustice to Mr and Mrs X.
I understand Mr and Mrs X are unhappy about the approval of the development behind their property. However, the Council considered their views when making the decision. There was no fault in how the Council reached this decision.
Final decision
I have completed my investigation. There is no fault with how the Council handled Mr and Mrs X’s neighbours’ planning application or the subsequent enforcement investigation.
Investigator's decision on behalf of the Ombudsman