Summary: We will not investigate this complaint that the Council has refused to take planning enforcement action against a beauty salon operating from a residential property near the complainant’s home. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault in the way the Council reached its decision.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council should take planning enforcement action against a beauty salon which is operating from a residential property near his home. He says there are multiple cars coming and going, which causes chaos and stress for other residents trying to park.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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))
3. The Ombudsman does not provide a right of appeal against a Council’s planning decision. And we cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and our Assessment Code.

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My assessment

5. The Council says its Planning Enforcement team investigated the business use of the residential property. It concluded the nature and scale of the business did not amount to a material change of use, so did not require planning permission.
6. I appreciate Mr X disagrees with the Council’s decision not to take any further action, but the Ombudsman cannot question that decision unless there is evidence of fault in the way it was made.
7. I see no evidence of fault in the way the Council reached its judgement so, with reference to paragraph 2 above, the Ombudsman will not start an investigation into the complaint.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way the Council reached its decision on the alleged breach of planning control.

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Investigator's decision on behalf of the Ombudsman