The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for a new development near Mrs X’s home. This is because there is no evidence of fault in the way the Council reached its decision.
The complaint
Mrs X complains the Council failed to consider the impact of a new development on her house. Mrs X says the Council has not provided her with a copy of its policy regarding “oblique angles” in relation to overlooking and privacy. She says the new development will have an impact on her privacy as she will be overlooked.
The Ombudsman’s role and powers
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)) 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)
How I considered this complaint
I considered information provided by the complainant and information about the planning application on the Council’s website.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council is not required to produce a policy on “oblique angles”. In the absence of any policy the Council has to consider whether development is acceptable in line with its published policies and other relevant planning considerations which have been established over time in law and decisions by the courts.
The Council produced an officer report which considered the impact of the development on Mrs X’s property. The Council said the development did not directly face towards Mrs X’s home and the closest part of the development was 13 metres at an “oblique angle”. The Council has considered the relationship between Mrs X’s in line with its policies and other relevant planning considerations therefore there is no evidence of fault in how the Council reached its decision. Mrs X may disagree with the Council’s conclusions but in the absence of fault in the way the decision was reached we cannot criticise the Council.
Final decision
We will not investigate Mrs X’s complaint because there is no evidence of fault in the way the Council reached its decision to grant planning permission.
Investigator's decision on behalf of the Ombudsman