The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with two prior approval applications. This is because we are unlikely to find fault.
The complaint
Mr X has complained about how the Council dealt with two applications for prior approval to change the use of an agricultural building to a dwelling. Mr X says the applications do not meet the requirements of the Town and Country Planning (General Permitted Development) Order and permission should not have been granted.
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 or continue 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))
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
In certain circumstances, someone can change the use of an agricultural building to a residential dwelling using their permitted development rights. Before any work can start, the developer must apply to the local planning authority for prior approval.
Mr X has complained about how the Council dealt with two prior approval applications in the area where he lives. However, I am satisfied the Council properly assessed the applications before granting prior approval. The case officer’s reports referred to Mr X’s objections and considered the proposals against the criteria set out in the General Permitted Development Order.
Mr X says the necessary criteria has not been met as the site was not used for agricultural use as required. However, the case officer’s reports explain why they are satisfied the buildings were used for agricultural purposes. I understand Mr X disagrees, but the case officer was entitled to use their professional judgement in this regard. As the Council properly considered the applications, in line with the relevant legislation, it is unlikely I would find fault.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman