Summary: We will not investigate this complaint about how the Council dealt with planning applications and a breach of planning control. This is because parts of the complaint are late. It is unlikely we would find fault with the remaining issues complained about.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained about how the Council has dealt with planning applications and a breach of planning control at a site near her home.

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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.

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

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I have considered Mrs X’s complaint and the Council’s response. I invited Mrs X to comment on a draft of this decision and have considered her comments in response.

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What I found

5. When a local authority receives a planning application it must look at the development plan and material planning considerations to decide if the proposal is acceptable. Material considerations relate to the use and development of the land in the public interest and includes matters such as the impact on neighbouring properties and the relevant planning policies. It is for the decision maker to decide the weight to be given to any material considerations in determining a planning application.
6. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately. Informal action can often be the quickest and most cost-effective way of achieving a satisfactory result. The council may also request a retrospective application to regularise the situation. However, if the development is considered unacceptable, it may be necessary to take other action to secure compliance such as serving a breach of condition or enforcement notice.

What happened

7. The Council received a planning application to convert a disused barn on the land next to Mrs X’s home. The applicant sought to install new windows, doors and rooflights to form holiday accommodation. The Council refused permission, but the application was allowed following an appeal to the Planning Inspectorate.
8. Some time later, the Council received an application to vary the original planning conditions to allow the barn to be used for unrestricted residential use. The application was approved. The Council then received another application for the site to build a detached garage building and to change the use of the land from agricultural to domestic. The Council considered the application and granted permission.
9. A few years later, the Council received an application to vary the conditions of the permission to build the detached garage building. This included changes to the approved plans and removal of the restriction on the use of the building. The Council considered the application and granted permission.
10. Mrs X has complained about how the Council has dealt with the planning applications and breaches of planning control at the site. She says the most recent applications do not take account of the original planning conditions for the barn conversion. She also says the Council failed to take enforcement action in relation to a planning breach and did not keep her updated regarding its investigation. Mrs X says the detached garage is clearly visible from her property and the surrounding area. She believes it will cause light pollution.

Assessment

11. I will not investigate this complaint about how the Council dealt with planning applications for a development near Mrs X’s home. This is because parts of the complaint are late, and it is unlikely we would find fault with the remaining issues complained about.
12. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mrs X has complained about how the Council dealt with the application to build the detached garage. But the Council determined this application in 2017 and Mrs X was aware of the issue and objected to the development at the time. Therefore, I consider her complaint about this matter late. I see no good reason to exercise discretion to investigate as Mrs X could have complained to the Ombudsman sooner.
13. I have considered Mrs X’s concerns about how the Council dealt with a breach of planning control and the most recent application to vary planning conditions. Mrs X says the Council failed to take account of previous planning conditions. She says the original permission for the barn removed permitted development rights and restricted the use of parts of the site. Mrs X also argues the converted barn should only be used as affordable housing. However, the Council will consider each application it receives on its own merits. The removal of permitted development rights also does not mean that all development at the site will be unacceptable, just that a full planning application will be needed. There was no requirement that the barn must be used for affordable housing. Instead, the developer was required to make a financial contribution towards affordable housing in the area following a legal agreement under section 106 of the Town and Country Planning Act.
14. Mrs X has complained the detached garage has not been built to plan. The Council looked into Mrs X’s concerns and agreed the roof pitch was marginally higher than it should be. However, it decided the building was still acceptable and therefore it was not expedient to take formal action. I understand Mrs X disagrees. But the Council does not need to take enforcement action just because there has been a planning breach and it was entitled to use its professional judgement to decide formal action was not necessary. The Council accepts it did not keep Mrs X updated regarding its investigation, but it has already apologised which is a suitable remedy in the circumstances.

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Final decision

15. We will not investigate this complaint. This is because parts of the complaint are late. It is unlikely I would find fault by the Council in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman