Summary: We will not investigate Mrs B’s complaint about the Council allowing her neighbour to convert their front garden into a driveway for parking. This is because the information does not indicate the Council was at fault.

The complaint

1. Mrs B complains the Council’s planning department has wrongly allowed her neighbour to convert their small front garden into a driveway for parking. Mrs B says the driveway is not big enough to park a car.

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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 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 Mrs B.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Not all development needs planning permission from local planning authorities. Certain developments are deemed permitted, providing they fall within limits set within regulations. This type of development is known as ‘permitted development’. If development meets the permitted development rules, a local planning authority does not have any power under planning legislation to take enforcement action.
6. The Council visited Mrs B’s neighbour’s property and was satisfied the driveway meets permitted development rules for hard surfaces at the front of a property. These rules are set out in The Town and Country Planning (General Permitted Development) Order 2015, Schedule 2, Part 1, Class F.
7. I have not seen any information to indicate this assessment was affected by fault.
8. Mrs B says the hardstanding area is not large enough to park a vehicle. But, the permitted development rules do not require a hard surface at the front of a property to be a minimum size. So, this is not something the Council has the power to take action about.
9. The Council has correctly advised Mrs B that ultimately this is a civil matter between her and her neighbour.

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Final decision

10. We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman