The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a planning application. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mrs B complains the Council did not notify her nor her neighbours about a proposed large extension to her neighbour’s property. Mrs B also complains the Council has refused to visit her to see how this extension will affect the amenity of her home. Mrs B would like the Council to allow all neighbours the opportunity to object to this development.
The Ombudsman’s role and powers
We investigate 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
How I considered this complaint
I considered information provided by Mrs B and the Council, and have looked at planning records available on the Council’s website.
I considered the Ombudsman’s Assessment Code.
My assessment
Some forms of development, including small extensions to a property, are permitted development. This means a grant of planning permission from the local planning authority is not needed.
There is a prior approval process for larger single storey extensions of up to eight metres for a detached house and six metres for any other house.
This prior approval process requires an application to be put in to the local planning authority. The local planning authority must then notify adjoining properties about the proposal and allow at least 21 days for comments.
If any neighbour raises any concerns about the impact of the proposal, the local planning authority must consider whether the impact of the development on the amenity of neighbouring properties is acceptable.
But, if no objections are received, the planning authority must tell the developer the development can go ahead. This means the local planning authority can only consider the impact on neighbouring properties if a neighbour puts in objections.
The Council received a prior approval application for a single storey extension to Mrs B’s neighbour’s property. The Council says it sent letters to adjoining properties including Mrs B’s property. The Council says it did not receive any objections from neighbours, so it issued a decision notice allowing the development to begin.
We will not investigate Mrs B’s complaint. This is because there is not enough evidence of fault by the Council to justify an investigation.
Mrs B says neither she nor her neighbours received a letter about this prior approval application. The Council says it sent letters and has provided us with records in support.
It is highly unlikely an investigation would allow us to make sound findings about what happened to these letters. I cannot say it is more likely than not Mrs B and her neighbours did not receive these letters because of fault by the Council. It is also possible the letters were not delivered correctly by the postal service.
The Council was not at fault for refusing Mrs B’s request for a visit to her property. This is because the Council had already confirmed the extension meets the permitted development rules for larger extensions. So, the Council does not have the power to stop this development. This means a visit to Mrs B’s property would not provide a worthwhile outcome for Mrs B.
Final decision
We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman