The complaint
The complainant, I shall call Miss X, says the Council did not follow national and local planning policies when it approved her neighbour’s application for a Certificate of Lawfulness of Proposed Use or Development (CLOPUD).
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 consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Miss X including the Council’s response to her complaint and the planning information on the Council’s website.
I considered the Ombudsman’s Assessment Code.
My assessment
The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) allows certain development without the need for planning permission. This is called ‘permitted development’. When a proposal falls within the limits of development allowed by permitted development, it will not need planning permission. In such cases, the Council cannot refuse to issue a certificate.
Although permitted development does not need planning permission, a person may apply to the local planning authority for a CLOPUD. An application for a CLOPUD decides whether the development proposed is permitted or whether it requires planning permission. If the proposal is permitted development, and if the applicant carries out the development according to the approved plans, the Council cannot stop it. If an applicant submits plans which suggest the proposal is permitted development but then carries out work which is not allowed, the Council could investigate as a possible breach of planning control.
Miss X believes the Council failed to consider national and local planning policies, as well as the impact of the proposal on her home and covenants on the property deeds.
However, an application for a CLOPUD is not a planning application. If the local planning authority is satisfied that the information it has received shows the proposed use would be lawful, it must issue a certificate.
It is important to understand that a CLOPUD application is not determined on the planning merits of the case. It is for the local planning authority to decide whether the evidence available is enough to allow it to decide on the facts one way or the other.
The planning officer’s report shows the neighbours application complies with the requirements for the proposed use. As explained above the Council cannot consider the merits of the application, the impact on Miss X’s home or any covenants.
Having decided the proposal met the relevant requirements set out in the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) the Council had to issue the certificate.
Miss X’s neighbour has since applied for planning permission for a larger extension. As this is a full planning application Miss X may comment on the proposal. The Council will consider the merits of the application, including relevant local and national policies and any objections they may receive.
Final decision
We will not investigate Miss X’s complaint because we have not seen any evidence of fault in the Council’s actions.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman