Summary: We will not investigate this complaint about how the Council dealt with a possible breach of planning control. This is because we are unlikely to find fault.

The complaint

1. Mr X has complained about how the Council dealt with a possible breach of planning control. He does not agree the proposed use of the property is permitted development and says the Council has failed to consider the concerns raised by residents.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. Permitted development rights are a national grant of planning permission which allows certain development to be carried out without making a planning application to the council or local planning authority.
5. In this case, the Council was contacted and informed that building work was taking place at a property near Mr X’s home without permission. The Council looked into the possible breach of planning control but decided it had no grounds on which to take action as it said the building work and proposed use of the property was permitted development.
6. I understand Mr X disagrees. However, I am satisfied the Council properly considered if planning permission was needed for the development. An enforcement officer contacted the property owner and discussed the nature of the work being carried out and reviewed the existing and proposed floor plans for the building. The officer visited the site before deciding the building work and use of the property was permitted development. The Council has also explained in response to Mr X’s complaint why the proposed use of the property would be permitted development. Mr X says residents were not consulted, but as a planning application was not made or required there was no duty to consult residents.
7. The Council was entitled to use its professional judgement to decide the building work and use of the building was permitted development. As the Council properly considered if there had been a breach of planning control, it is unlikely we would find fault.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman