Summary: We will not investigate this complaint about the way the council has dealt with planning matters at the complainant’s home. There is not enough evidence of fault in the Council’s actions to warrant our involvement. Nor can we achieve the outcome the complainant is seeking.

The complaint

1. The complainant, I shall call Mr X, says the Council’s planning department acts as if Council policies is superior to national legislation and guidance.
2. He says he has lost confidence in the planning department which has effectively removed his permitted development rights.
3. Mr X wants his application considered independently and full explanation of the decision maker’s reasoning.

Back to top

The Ombudsman’s role and powers

4. The Ombudsman investigates 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 may decide not to continue with 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))

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X disputes the Council’s decision that a car port and fence he has built requires planning permission. This is not something we can determine.
8. The Council has advised Mr X to submit a planning application. If this is successful the structure will benefit from lawful status. If it is refused he will have a right to appeal to the Planning Inspectorate.
9. Alternatively, Mr X can put in an application for a Lawful Development Certificate.
10. If Mr X does not put in any applications, it will be for the Council to decide whether to take enforcement action. If the Council serves an Enforcement Notice, again Mr X will have the right to appeal to the Planning Inspectorate.
11. Mr X wants his applications considered independently. We cannot achieve this. The Council is the Local Planning Authority for his area. As such his applications for planning matters at his property must be determined by the Council.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way the Council has dealt with planning matters at his property.
13. Also, we cannot achieve the outcome he is seeking.

Back to top

Investigator's decision on behalf of the Ombudsman