The Ombudsman's final decision
Summary: Mr X complains the Council failed to consider the impact on him and other nearby residents in allowing a dwelling house to change use to a House in Multiple Occupation. We will not investigate the complaint 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 did not make neighbours aware of the change of use from a dwelling house to an HMO. He says this new use will cause parking and health and safety problems and lead to a devaluation of surrounding properties.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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))
How I considered this complaint
I considered information provided by Mr X and the Council’s responses to his complaint.
I considered the Ombudsman’s Assessment Code.
I gave Mr X the opportunity to comment on my draft decision and considered what he said.
My assessment
Mr X complained to the Council that it had allowed a change of use of a property adjacent to his from a dwelling house to an HMO. The Council explained to Mr X that because the area he lives in is not covered by an Article 4 Direction relating to HMOs, the change of use was permitted development and as such did not require planning permission. The Council said that because this was the situation, there was no planning breach against which it could take action, and that it had no powers to halt the development.
While I understand Mr X will be disappointed that this is the position under the existing planning laws, there is no evidence to suggest the Council has been at fault. It responded to Mr X’s complaint and explained the relevant planning law.
In responding to my draft decision, Mr X has referred to a planning application submitted by the HMO owner which awaits a decision and asks why work has started in advance of a decision. However, such work is carried out at the owner’s risk. Mr X believes his area should be covered by an Article 4 Direction and this is an issue he can take up with his local councillors.
Final decision
We will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman