Summary: Ms X complains about the Council’s decision to grant a planning application for a certificate of lawfulness of proposed use to a neighbour’s house. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Ms X complains about the Council’s decision to grant a planning application for a certificate of lawfulness of proposed use to a neighbour’s house.

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The Ombudsman’s role and powers

2. 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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the complainant's and Council's comments. The complainant has been given the opportunity to comment before a final decision has been made.

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What I found

4. A planning application was made in July 2019 by Ms X’s neighbour for a certificate of lawfulness for proposed use for a single storey extension and windows and lights. Planning permission was granted in August.
5. Ms X says that she believes the applicant is going to convert two properties into one which would require planning permission. The Council says that the planning application does not provide for this and only relates to the extension.
6. There is no evidence to show that the planning application is for such a conversion and the planning permission granted does not give the owner that power (without further planning permission). The Council says that the property is still advertised for let as one property and there is no evidence that the property has been split into two entirely separate dwellings.
7. The Council says that it will consider enforcement action if the property is split into separate dwellings.
8. I am satisfied that there is no evidence of fault by the Council. If Ms X has new evidence of such a breach she should notify the Council seeking action.

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Final decision

9. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman