Summary: We will not investigate this complaint about the Council’s decision to add a property to its local list. We have not seen enough evidence of fault in the way the Council made its decision. And we cannot achieve the outcome the complainant is seeking.

The complaint

1. Ms X complains about the Council’s decision to place a property on its local list without the consent of the owner or executor of the estate. She says the property is in poor condition and does not merit listing.
2. Ms X says the local listing is devaluing the property and making it difficult to sell. She wants it removed from the local list.

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The Ombudsman’s role and powers

3. 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, or
• we cannot achieve the outcome someone wants.

(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 Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In addition to the national list of buildings, councils may also keep local lists of other buildings they consider to be of significant historic, aesthetic or communal value. The local listing status is considered in weighing planning applications for proposed demolition or development. However, being on a local list does not give a property the full protection of a statutory listing.
7. Ms X says the property is in a poor condition and does not warrant being on the local list. She also says the listing has devalued the property and is putting potential buyers off.
8. The Council decided to add the property to its local list. A case officer prepared a report giving reasons for listing the property. The reasons are:
• The property retains most of the original features and merits inclusion on the Local List of Buildings of Special Architectural or Historic interest; and
• It is one of the last Victorian villas in the area.
9. I understand Ms X is concerned neither the owner nor the executor gave permission to place the property on the local list. However, such consent is not required. I also understand Ms X is concerned the listing has affected the property value. However, property value is not a relevant planning consideration. Having reviewed the process the Council followed to add the property to its local list, I have not seen enough evidence of fault to warrant an investigation.
10. Also, Ms X wants us to require the Council to remove the property from the local list. As we have not seen evidence of fault in the way the Council decided to list the property, this is not something we can achieve.

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Final decision

11. We will not investigate Ms X’s complaint because we have not seen enough evidence of fault in the way the Council decided to place the property on the local list. And we cannot achieve the outcome Ms X is seeking.

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Investigator's decision on behalf of the Ombudsman