Summary: We will not investigate this complaint about how the Council dealt with the complainant’s land charges search request. This is because we are unlikely to find fault by the Council.

The complaint

1. Mr X has complained about how the Council responded to a local land charges search request. Mr X says the Council provided incorrect information in its response.

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

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My assessment

5. Mr X made a local land charges search request to the Council before purchasing his home. Mr X says the Council’s response confirmed the property had permitted development rights. However, he later discovered permitted development rights had been removed. Mr X says he would not have purchased his home had he known it did not benefit from permitted development rights.
6. The Council says it properly responded to the questions asked in the search request as it correctly said a direction had not been placed on the area removing permitted development rights. Permitted development rights were removed as a condition of planning permission for the property.
7. I understand Mr X says the removal of permitted development rights should have been disclosed. But the Council did respond to the question asked about whether a direction applied to the property. Details of the planning applications for the site, including the planning conditions, were also available on the Council’s website.
8. The removal of permitted development rights does not mean alterations cannot be carried out to the property, just that permission will be needed from the planning authority. The Council has also confirmed that Mr X does not need permission for the repair works he needs to complete following an accident at his home.

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Final decision

9. 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