Summary: We will not investigate this complaint about how the Council dealt with applications to change the use of a building near the complainant’s home. This is because we are unlikely to find fault by the Council.

The complaint

The complainant, whom I shall refer to as Mr X, has complained about how the Council has dealt with applications to change the use of a building near his home. He says the Council did not properly consider his objections and the development will make the area overcrowded and create parking issues.

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The Ombudsman’s role and powers

1. 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)

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How I considered this complaint

2. I have considered Mr X’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

3. Permitted development rights are a national grant of planning permission which allows certain development (both building works and changes of use) to be carried out without making a planning application to the local planning authority. The Town and Country Planning (General Permitted Development) (England) Order sets out the main types of permitted development. Each type has certain conditions. If a development does not meet the relevant criteria a planning application will be needed.
4. Between permitted development and a full planning application, there is a third process called prior notification (sometimes referred to as prior approval). This applies where the development is, in principle, permitted development but the council needs to authorise certain elements of the work.
5. Permitted development rights exist to change the use of a building from a shop to a residential dwelling in certain circumstances. The developer must apply to the Council so it can determine if prior approval is required for certain elements of the development. This includes the impact the development will have on transport and the highway.

What happened

6. The Council received three applications from the owner of a building near Mr X’s home to change the use of an existing shop and associated garages to a dwelling house. The Council notified Mr X about the proposal and he objected to the application. He said the area was already crowded and changing the use of the shop would make the situation worse. He also raised concerns about the impact the development would have on parking in the area.
7. The Council considered the applications but decided prior approval was not needed. Mr X was unhappy with the Council’s decision and said it did not properly consider his concerns.

Assessment

8. I will not investigate this complaint about how the Council dealt with an application to change the use of a building near Mr X’s home. This is because I am unlikely to find fault by the Council.
9. Mr X says the developer should not be allowed to convert the shop and garages due to the impact on local residents. However, I am satisfied the Council properly considered the application before deciding prior approval was not needed. The case officer assessed if the proposals met the criteria for permitted development. The officer’s reports also considered if certain elements of the development required prior approval as set out in the General Permitted Development Order. As the Council properly considered the application before deciding prior approval was not needed, it is unlikely I would find fault.
10. Mr X has also complained the developer converted another part of the building without permission. In response to his complaint, the Council has advised Mr X to contact its planning enforcement team if he believes there has been a breach of planning control so it can look into the matter. It is unlikely an investigation by the Ombudsman could add to this response.

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Final decision

11. We will not investigate this complaint. This is because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman