Summary: We will not investigate this complaint about how the Council dealt with an application for a certificate of lawful development. This is because Mr X has not been caused an injustice as a result of the Council’s actions.

The complaint

1. Mr X complains about they way the Council has issued a certificate of lawful use for a development next to his home. He says:
• The certificate does not cover the intended use of the property.
• The Council has failed to identify relevant case law when reaching its decision.
• Local people were not given an opportunity to comment on the application.
2. Mr X says the Council’s decision to issue the certificate has caused him distress and he has incurred significant legal costs dealing with this matter.

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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. We do not start or may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))

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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. There is no fault in the Council not consulting local people about an application for a certificate of lawful use. The certificate only confirms that a change of use is lawful without planning permission under permitted development rights or confirms the use has been ongoing for a period of time and has become immune from enforcement action. There is no requirement for the Council to notify local people about these applications.
7. The Council has accepted the certificate of lawful use was not for the use the applicant intended. However, it based its consideration on the application submitted by the applicant. The Council has not granted planning permission or a certificate of lawfulness for the applicant’s intended use. The Council is now discussing this with the applicant. Therefore Mr X has not been caused an injustice by the Council’s actions.
8. Mr X says that he has incurred legal costs dealing with this matter. However this is not the result of any fault by the Council. The Ombudsman offers a free service and whilst Mr X was entitled to seek advice it was not necessary for him to do so in order to raise this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because he has not been caused an injustice as a result of the Council’s actions.

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Investigator's decision on behalf of the Ombudsman