The Ombudsman's final decision
Summary: We will not investigate this complaint about matters relating to a caravan park close to Ms X’s property. This is because there is no evidence to suggest fault by the Council.
The complaint
The complainant, who I refer to as Ms X, says the Council has allowed the number of caravans on a site close to her home to increase by one over that permitted by the licence for the site. She also complains about the positioning of three caravans which impact on her amenity.
The Ombudsman’s role and powers
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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Ombudsman that the Council had allowed the number of caravans on the site to increase by one over that allowed by the licence. She also complained about the location of three caravans which particularly impact on her amenity.
The Council has explained that the planning permission granted to the site in the 1960s did not limit the number of caravans which could be placed on it. And while the park licence limited this to a set number, due to the age of the site it is not covered by the Caravan Sites and Control of Development Act and so is permitted to have as many homes on it as can safely be accommodated within the current standards.
The Council received an application at the beginning of 2021 to allow an increase of homes by one. As consultation with the relevant services showed no fire safety or environmental concerns, it was obliged to allow the increase.
A ruling of the First Tier Tribunal at the end of 2020 confirmed that a condition attached to the licence by the Council restricting the siting of caravans in a particular location should be removed as the Tribunal decided it was unduly burdensome and unreasonable. The Council is obliged to follow the ruling of the Tribunal.
Final decision
We will not investigate Ms X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman