Summary: We will not investigate Mr X’s complaint about the Council’s decision to grant his neighbour’s application for a certificate of lawful use. There is not enough evidence of fault by the Council.

The complaint

1. Mr X complains the Council wrongly granted his neighbour a certificate of lawful use for a structure in their rear garden. He says the Council did not notify him of the application, incorrectly decided the structure was a caravan, and failed to recognise it is not being used for its intended purpose. Mr X says the structure causes him a loss of privacy and light pollution.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by Mr X and the planning application.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. It is possible to seek formal confirmation from councils that an existing or proposed development or use of land is lawful and so does not need planning permission. If the Council accepts the evidence provided, it can issue a certificate of lawful use to the applicant.
6. For applications for certificate of lawful use, councils have no duty to notify neighbours or consider any loss of amenity on neighbouring properties in its assessment of the application. Therefore, there is not enough evidence of fault on this point to justify us investigating.
7. Mr X disagrees with the Council's conclusion that the structure is a caravan. However, this is a technical planning matter for the Council, as local planning authority, to determine. The evidence I have seen shows the Council considered relevant legislative factors and evidence. It determined the structure was a caravan within the legal definition and provided reasons for that view. The Council was entitled to reach that view using its professional planning judgement. There is not enough evidence of fault to justify us investigating.
8. Mr X also says the structure is not being used for its intended purpose. The Council considered this issue and carried out two site visits. Following those visits, it was satisfied the structure was being used as described. This was also a matter for the Council's professional judgement. There is not enough evidence of fault in how the Council reached that view to justify us investigating.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman