Summary: We will not investigate this complaint about the Council’s decision not to take action against an unauthorised change of use for premises in Ms X’s area. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Ms X complains the Council did not inform the local community about a change of use at premises in her area. She says the change of use requires planning permission but the Council has failed to take the necessary action.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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

4. I considered information provided by the complainant and the Council, including its response to the complaint and the Planning Enforcement Expediency Report.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained to the Council because business premises in her area changed use without planning permission and are now being used to accommodate vulnerable people which is impacting negatively on local residents.
7. The Council has acknowledged there has been a planning breach because the change of use is a material one. However, it explained in planning law it is not an offence to develop, including a change of use, without planning permission and that in this case, having considered matters, it has decided enforcement action against the breach is not expedient at this time.
8. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question decisions made by councils if they have followed the right steps and considered the relevant evidence and information. While Ms X may be disappointed with the decisions the Council has made, there is no evidence to suggest fault affected them.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman