The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to grant a Lawful Development Certificate. This is because we are unlikely to find evidence of fault by the Council.
The complaint
The complainant, who I refer to as Mr X, says the Council was wrong to allow a development, involving a number of flat conversions, a Lawful Development Certificate when there are ongoing issues with housing standards at the flats.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X, including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about its decision to grant a Lawful Development Certificate to a development involving flat conversions when there are ongoing housing standards concerns affecting the flats and have been for a number of years.
The Council explained to Mr X that its records show the flats have been in use for over six years and so beyond the four-year cut-off date when it could have taken enforcement action for any unauthorised conversion. It told Mr X that as this was the case, when an application for the Lawful Development Certificate was submitted, it had to be granted.
The Council has made clear to Mr X that matters relating to the issuing of the Certificate and housing standards are two separate matters and that any housing standards issues could not have affected the application. It advised Mr X to contact its housing team directly if he has any housing standards matters he wants addressed.
While disappointing for Mr X, the Council has correctly set out the separate planning and housing standards issues and an investigation by the Ombudsman would be unlikely to find evidence of fault.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman