Summary: Mrs B is a member of a community group that works in a park. Mrs B complains the Council has not secured access for the community group to noticeboards in the park. Mrs B says her group cannot use the boards to advertise events. Mrs B also complains the Council demolished a building in the park after saying it had no immediate plans to do so. The Ombudsman has not found fault with the actions of the Council.

The complaint

1. Mrs B is a member of a community group that works in a park. Mrs B complains the Council has not secured access for the community group to noticeboards in the park. Mrs B says her group cannot use the boards to advertise events.
2. Mrs B also complains the Council demolished a building in the park after saying it had no immediate plans to do so.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered:
• Mrs B’s complaint and the information she provided;
• documents supplied by the Council;
• relevant legislation and guidelines; and
• the Council’s policies and procedures.
6. Mrs B and the Council had the opportunity comment on a draft decision.

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What I found

Legislation and Guidance

7. Demolition of a building, apart from a pub or other drinking establishment in the A4 use class, outside conservation areas is permitted development under Part 11 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended.
8. Before undertaking demolition, an application must be made to the local planning authority, in this case the Council, providing a written description of the proposed demolition. At the same time, a site notice must be displayed about the proposed demolition.
9. The local planning authority will decide whether prior approval is required for the method of demolition and any proposed restoration of the site. The local planning authority may then grant or refuse the prior approval.

What happened

10. This chronology includes key events in this case and does not cover everything that happened.
11. Mrs B is a member of a community group, group C, based in a park. Group C was formed in 2018 from ex-members of group D. Group D maintain the grounds of the park.
12. The Council planned to demolish a derelict building in the park where group C and D are based. In September 2018, group C sent the Council a proposal to renovate the derelict building and asked for a meeting to discuss the proposal. The group contacted the Council again in November 2018.
13. Group C complained to the Council in February 2019. It said it had not received a response to its proposal. The Council advised group C it was going to demolish the building because it was in poor condition. The Council said it had asked group C to provide a detailed business case outlining how the group would pay for the refurbishment and the ongoing maintenance costs.
14. The Council arranged to meet with groups C and D in March 2019. The meeting was to discuss plans for the park. At this meeting, the Council confirmed it would demolish the building in the park because of its poor condition and concerns it was a safety hazard. 
15. Group C asked the Council to give them access to noticeboards in the park to advertise events. The park has two large and two small noticeboards. Group D raised money to pay for the two large noticeboards and gifted them to the Council. Although the noticeboards became Council property, group D prevented group C from accessing them. The Council tried to mediate between the two groups to secure access to the boards for group C but was unsuccessful. The Council arranged for group C to have access to the two small noticeboards.
16. In May 2019 Mrs B’s community group, group C, complained to the Council. It complained:
• it had raised money for the refurbishment of a building in the park which the Council was going to demolish;
• it did not have access to the noticeboards in the park to advertise events; and
• it needed storage space for items used for events, such as a gazebo.
17. The Council replied in June 2019:
• The Council told group C the building in the park was in a dangerous condition and it would not be cost-effective to repair. It understood group C told the Council it would raise money to fund the repairs but once it knew the scale of the project, group C agreed it should be demolished.
• The Council advised it had given group C access to noticeboards in the park.
• The Council said it would not normally provide storage space to groups for items used occasionally.
18. In June 2019 the Council applied for the derelict building to be demolished. The Council received three oppositions to the demolition, including a petition. The Council approved the application in July 2019 and the building was demolished in August 2019.
19. The Council has ordered a new noticeboard for group C and other community groups based in the park to use. It proposes to locate the noticeboard at the main entrance to the park.
20. The Council also advised it is reviewing the community groups in its area and as part of this will formalise arrangements for property use and activities within Council controlled sites.

Analysis

21. The Council undertook the actions required under the Town and Country Planning (General Permitted Development) (England) Order 2015 to gain permission to demolish the derelict building. It made an application and displayed a site notice about the proposed demolition. There was no requirement for the Council to consider representations opposing the demolition. There was not fault with the actions of the Council.
22. The Council worked with groups C and D to find an informal resolution so both groups could use the large noticeboards in the park; this was unsuccessful. In the interim the Council has given group C access to the two smaller noticeboards. It has ordered a new noticeboard for use by group C and other community groups that work in the park. I found no fault with the actions of the Council.

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Final decision

23. I have completed my investigation and do not uphold Mrs B’s complaint.

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Investigator's decision on behalf of the Ombudsman