Summary: Ms X complains the Council did not tell her early enough that she required planning permission for works to her property because it falls within a Conservation Area. We will not investigate the complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

1. The complainant, who I refer to as Ms X, says the Council should have told her at the outset that her property fell within a Conservation Area and so she would need to apply for planning permission to carry out works to her property. She says its delay in telling her caused inconvenience and additional costs.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I gave Ms X the opportunity to comment on my draft decision and considered what she said.

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My assessment

6. Unaware her property fell within a Conservation Area, Ms X contacted the Council to see if she needed planning permission for works she wanted to carry out. She submitted an application and had contact with the Council who needed further information from her before it could make a decision.
7. When it told her she would need planning permission because her property was in a Conservation Area, Ms X had already booked tradesmen for the job and the work had to be delayed.
8. While I understand Ms X’s frustration at not being told at the outset that she would need planning permission because of her property’s location, she booked in tradesmen before knowing the outcome of her application and in advance of the Council’s target decision date. The Council has told her it will review its householder planning checks process to see if it can make any improvements but I do not consider an investigation by the Ombudsman would add to that already undertaken by the Council or lead to a different outcome.
9. In responding to my draft decision, Ms X refers to the fee she paid which was not refunded to her. However, Ms X made an application to the Council for which a fee is charged and she acted in advance of receiving its decision when she booked the tradesmen.

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Final decision

10. We will not investigate this complaint. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman