Summary: Mr X complains that the Council gave misleading advice about the need for planning permission for replacement windows. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mr X complains that the Council gave misleading advice about the need for planning permission for replacement doors.

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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, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

4. Mr X wished to replace windows in his property. He visited the Council in June 2018 and was advised that the sample window Mr X had shown would require planning permission. The Planning Officer emailed Mr X the same day to say that if the windows matched the existing windows and doors in form and colour they would be acceptable. Mr X was also advised that a formal planning application could be made to clarify whether planning permission was needed.
5. The Council says that in 2019 two Planning Inspector decisions were made in relation to two properties on Mr X’s road. The Planning Inspector decided that the windows did not match the existing buildings. The Council’s Enforcement Officer wrote to Mr X and some neighbours advising them they should remove the windows.
6. I am not persuaded that the original advice given to Mr X was fault. The advice was that the windows should match the existing building. Mr X was advised he could obtain a formal decision as to whether the proposed work needed planning permission but no application was made.
7. The Council’s decision to await the Planning Inspector’s view about the need for planning permission was also not fault.
8. In the absence of fault the Ombudsman would not investigate this matter.

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Final decision

9. I do not intend to 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