Summary: We will not investigate Mr X’s complaint about the Council’s handling of his concerns about his neighbour’s development constructed under ‘permitted development’. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council has decided his neighbour’s development does not require planning permission, Mr X disagrees with the Council’s decision as he says the development does not comply with local and national planning policies.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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 Mr X and the Ombudsman’s Assessment Code.

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Background

5. The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) allows certain development without the need for planning permission. This is known as ‘permitted development’. Permitted development rights are subject to limitations and exclusions, but when a proposal falls within the parameters of development allowed by the Order it will not require planning permission. Where development fails to comply with the limitations of permitted development or the plans approved as part of an application for planning permission it can be described as a breach of planning control.
6. Building control deals with the process of inspecting work for compliance with the Building Regulations. The Building Regulations set standards for the design and construction of buildings to ensure the health and safety of people in and about those buildings.

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My assessment

7. Mr X refers to various planning policies which set standards for the design of new development and limits on issues including its impact on neighbour amenity and the character and appearance of an area. But these issues are not relevant to Mr X’s neighbour’s development as it does not require planning permission and the policies do not therefore apply.
8. Mr X disagrees with the Council’s view on this point but I have seen no basis to question it. His complaint suggests that because the development involves changes to an existing flue or soil/vent pipe it cannot be considered permitted development under Class B of the 2015 Order. But the Council has explained the changes to the flue or soil/vent pipe are themselves permitted development under Class G and the government’s technical guidance confirms that while such changes “are not permitted development under Class B of Schedule 2 to the Order, they may be permitted development under Class G.” I cannot therefore accept Mr X’s statement that Class G is irrelevant to his neighbour’s development and there is no basis for me to criticise the Council’s interpretation on this point or to show the development requires planning permission.
9. Mr X also suggests his neighbour’s failure to comply with planning policies show the development breaches the Building Regulations, but this is an entirely separate issue as set out at Paragraph 6 above. Building control does not take account of the design or appearance of a development and the Council’s building control function in not engaged in this matter as Mr X’s neighbour has decided to instruct a private company to monitor compliance with the Regulations. The private company will consider the construction methods and safety of the development constructed but cannot look at issues such as the impact of the development on neighbour privacy.

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Final decision

10. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman