Summary: We will not investigate this complaint that the Council failed to provide planning guidance about whether a proposed change of use required planning permission. There is insufficient evidence of fault in the way the Council responded to the complainant’s enquiry.

The complaint

1. Mr X complains the Council has failed to provide clear planning guidance on whether a proposed change of use of a building from Class E(c) to E(e) requires planning permission.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start 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

3. I considered information provided by Mr X and the Council, which included their complaint correspondence.
4. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. I appreciate Mr X is unhappy the Council would not confirm if the change of use required planning permission when he made enquiries about his proposal.
6. But our role is not to ask whether an organisation could have done things better/differently, or whether we agree or disagree with what it did. Instead, we look at whether there is evidence of fault in the way it has acted or responded to a service request.
7. I consider there is insufficient evidence of fault in the way the Council responded to Mr X’s enquiry, so we will not start an investigation. In reaching this view, I am mindful that:
• there is no duty on councils to provide planning advice, and most now charge for offering this kind of service.
• if Mr X wants formal confirmation on whether his proposal requires planning permission then, as the Council suggested, he may apply for a certificate of lawfulness.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman