Summary: We will not investigate Mrs X’s complaint about the way the Council included properties on its non-designated heritage asset list. We have not seen enough evidence of fault in the Council’s actions. Also, we do not consider Mrs X has suffered a significant personal injustice that warrants an investigation.

The complaint

1. Mrs X complains the Council says the way the Council selected properties for its non-designated heritage list (NDHA) failed to apply the same criteria to all properties.
2. She says this has:
• Put people off buying houses on the list.
• caused buyers to have difficulties in getting mortgages on properties on the list
• caused her worry as she is considering selling her home.
3. Mrs X wants the Council to review the NDHA list and either remove her home or add many more properties.

Back to top

The Ombudsman’s role and powers

4. 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
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Besides the national list of buildings, councils may also keep local lists of other buildings they consider to be of significant historic, aesthetic or communal value. Local Planning Authorities consider the inclusion of a property as an NDHA during the planning application process.
8. The Council's NDHAs are compiled in a county-wide Local Heritage List. Its website says its public register identifies locally significant buildings, archaeological sites, and structures that are not nationally protected but carry planning weight in local development decisions.
9. In response to Mrs X’s complaint, the Council explained she could challenge the listing of her home on the NDHA list. It also confirmed she could propose other properties for inclusion on the list.
10. Mrs X advised me that:
• She did not appeal against the inclusion of her home on the list because her house meets the criteria for inclusion and no other appeals have been successful; and
• Nominating other peoples’ houses for inclusion on the list was unacceptable to her because being on the NDHA list is a disadvantage when selling or developing a property.
11. Mrs X says the process for including properties on the list is unfair because houses the same as hers have not been included. She says she is concerned that being on the list may make her home more difficult to sell or may impact on the value. But Mrs X acknowledges her property meets the criteria as an NDHA.
12. The Council confirmed the parish council sent the Local Heritage List Project Officer the details of heritage assets identified in the local Neighbourhood Plan in 2022. These properties were compared to the published assessment criteria for the Council’s NDHA and officers made site visits. Properties that met the criteria were then added to the list.
13. The Council has explained how she can propose other houses for inclusion on the list, but Mrs X has declined to do so.
14. Having considered the information provided by Mrs X and the Council I have not seen enough evidence of fault in the way the Council determined whether properties should be listed as an NDHA.
15. Also, I do not consider the non-inclusion of similar properties has caused Mrs X a significant personal injustice. She has chosen not to propose properties which she believes should be on the list.

Back to top

Final decision

16. We will not investigate Mrs X’s complaint because we have not seen enough evidence of fault in the way the Council decided which properties should be listed as NDHAs. Also, we do not consider that Mrs X has suffered a significant personal injustice that warrants an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman