Summary: We will not investigate this complaint about the Council’s decision to grant a Lawful Development Certificate to Mr X’s neighbour. This is because there is no evidence to suggest fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says the Council failed to properly assess his neighbour’s application for a Lawful Development Certificate and whether it met the relevant criteria under the “permitted development” rules. He says the application did not give sufficient detail to allow the Council to make a decision.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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

4. I considered information provided by the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council that his neighbour’s application for a Lawful Development Certificate was not detailed enough, particularly with regard to the materials to be used, and therefore the Council should not have granted the Certificate.
7. The Council told Mr X that the relevant condition in the legislation states that the materials must be of a similar appearance to those used in the construction of the exterior of the existing house and that the applicant had confirmed that all materials would match the existing. The Council explained this was sufficiently clear and unambiguous and it confirmed the decision to grant the Certificate was sound on the basis of the evidence provided.
8. While Mr X may not be satisfied with this response, we cannot question decisions made by councils if they have followed the right steps and considered the relevant evidence and information. There is no evidence to suggest fault affected the Council’s decision.

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Final decision

9. We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.

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Investigator's decision on behalf of the Ombudsman