The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to take planning enforcement action over the conversion of two houses from domestic use to self-catering accommodation. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council’s failure to take enforcement action against the owners of two properties in in his locality which have been converted into online Airbnb accommodation. He says the changes have resulted in increased vehicle movements and parking problems for him and other residents.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says two nearby properties have been changed by the owners into Airbnb self-catering accommodation. He says this has led to increased vehicle movements, delivery services and parking problems for residents. He reported the matter to the Council and its planning department considered if there had been any breach of planning regulations.
The Council told Mr X that the business use did not represent a change of planning use for the dwellings because the occupation capacity has not been changed and there have been no outward extensions of the houses. The online services provided, such as airport transfers are not operated from the site but from elsewhere.
The Council concluded that the operation does not present a change of use category because the numbers of occupants involved are within the existing use class C3. Councils have powers to require planning approval for some changes of use and can require submission of an application as part of their planning enforcement powers. However, local planning authorities are expected to use their powers proportionately.
When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members. This means we will not intervene in disagreements about the merits of decisions. In this case the Council has investigated the matter but does not consider there has been a breach of planning regulations which would warrant enforcement action.
Final decision
We will not investigate this complaint about the Council’s failure to take planning enforcement action over the conversion of two houses from domestic use to self-catering accommodation. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman