The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint that the Council wrongly advised her to submit a planning application. This is because the injustice she claims is not significant and there is no evidence of fault in the Council’s advice.
The complaint
The complainant, Ms X, complains she was wrongly advised about the need to make a planning application to retain development she believes does not require formal permission from the Council. She says that as a result she has paid £16.79 for a location map which she did not need.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Ms X and the Ombudsman’s Assessment Code.
Permitted development The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) allows certain development without the need for planning permission. This is known as ‘permitted development’. Permitted development rights are subject to limitations and exclusions, but when a proposal falls within the parameters of development allowed by the Order it will not require planning permission.
My assessment
We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
I understand Ms X is unhappy with the Council’s advice but the injustice she claims lies in the cost of the location map and this is not significant enough to warrant investigation.
There is also no evidence of fault in the Council’s advice. Ms X believes the Council should take into account the reasons she cannot comply with the requirements of The Town and Country Planning (General Permitted Development) (England) Order 2015 but whether a development is permitted under the Order is a matter of fact. If the development meets the criteria it is permitted and does not require planning permission; if it does not, it is not permitted and would require planning permission.
Ms X’s development does not comply with the Order and it is not therefore ‘permitted development’. While she may apply to retain it and ask the Council to consider the reasons she cannot comply, this would be as part of a formal planning application as the Council has already advised.
Ms X disagrees with the Council’s advice and refers to information from the planning portal but all this says is that planning permission is not normally required. This is correct as most cases will fall under permitted development, however this does not apply in Ms X’s case as set out above.
It is therefore for Ms X to decide whether to apply for planning permission. The Council cannot force her to submit an application and if she decides not to she may wait to see if the Council takes formal enforcement action. Any enforcement notice would carry a right of appeal to the Planning Inspectorate and Ms X could then make her arguments to the Inspector.
Final decision
We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council and the matter has not caused Ms X significant injustice.
Investigator's decision on behalf of the Ombudsman