Summary: We will not investigate this complaint about the Council’s requirement that planning permission is obtained before it will sell land. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mr X complains the Council is failing to follow the law by adding a requirement for planning permission in open space land sales.

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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, or
• there is no worthwhile outcome achievable by our investigation.

(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 Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X applied to purchase a plot of land next to his home. Initially, the Council refused the request. However a senior officer reconsidered the matter. The Council then wrote to Mr X saying it would sell the land to him subject to contract and subject to him obtaining planning permission for the change of use of the land from public open space to private land.
6. Mr X applied for planning permission which was refused. He appealed to the Planning Inspector. His appeal was dismissed.
7. The Council refused to complete the land sale as Mr X did not have planning permission to change the use of the land from public to private space.
8. I understand Mr X considers no development will take place and planning permission is not required. However, he wants to change the land use from public open space to private garden space. Such change of use requires planning permission.
9. The Council has adopted a policy which requires planning permission is obtained before land sales are completed. The decision to include this requirement in its policy is one it is entitled to make.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find fault in its decision to require planning permission is obtain before land sales are completed.

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Investigator's decision on behalf of the Ombudsman