Summary: We will not investigate this complaint about the Council’s decision that no change of use has occurred at a yard behind the complainant’s home. There is not enough evidence of fault to justify our involvement.

The complaint

1. The complainant, I shall call Mr B, disagrees with the Council’s decision that no change of use has occurred at a yard behind his home. He says he has provided a plan which shows insufficient space for storage and the Council cannot provide evidence to counter this. Therefore, the decision is based on officers’ opinion only.
2. Mr B wants the Council to agree the businesses using the yard need planning permission.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B complains that businesses are using the yard behind his home for unauthorised activities. Therefore, they require planning permission.
7. The Council confirms officers visited the yard in 2018 and again more recently. Its officers have decided the activities taking place fall within planning Class B8 – storage and distribution.
8. We are not an appeal body. It is for enforcement officers to investigate reported breaches of planning control. And to decide whether a breach exists. We must consider whether there was fault in how the Council did this, not whether the decision was right or wrong. Without fault in the decision-making process, we cannot question the decision itself.
9. Officers have visited the site. They are satisfied the businesses do not require planning permission.

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Final decision

10. We will not investigate Mr B’s complaint because we have not seen enough evidence of fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman