The Ombudsman's final decision
Summary: We will not investigate Mr X and Ms Y’s complaint about the Council’s handling of a planning matter. This is because it is unlikely investigation would achieve any worthwhile outcome for them.
The complaint
The complainants, Mr X and Ms Y, complain about the Council’s handling of an application for a certificate of lawful development. They dispute statements made the applicants and believe the Council has failed to properly consider evidence regarding past planning enforcement investigations.
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 Mr X and Ms Y and 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 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; the Council therefore has no basis to refuse it.
Although permitted development does not require planning permission a person may apply to the local planning authority for a certificate of lawful development (CLD) for their proposal. An application for a CLD determines 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 in accordance with the approved plans, the Council cannot stop it.
The planning officer’s report considers the evidence provided by the applicants and explains the reasons the Council considers the development is permitted. Mr X and Ms Y dispute the applicant’s evidence but further investigation is unlikely to achieve any worthwhile outcome for them. This is because the Council has reached a decision on the balance of probabilities and explained the reasons why Mr X and Ms Y’s comments do not alter its view. We cannot say the Council must change its decision and we have no power to overturn it. It is also unlikely we would recommend any personal remedy for the complainants even if we did find fault, as they live some distance from the application site and are not directly and significantly affected by the decision or the development.
Final decision
We will not investigate this complaint. This is because it is unlikely we could achieve any worthwhile outcome for Mr X and Ms Y.
Investigator's decision on behalf of the Ombudsman