The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s treatment of planning applications for change of use by a business. We will not investigate Mr X’s complaint that the Council has failed to take enforcement action on a recent breach of planning regulations because the matter is still being considered.
The complaint
Mr X complained about the Council approving change of use for an agricultural barn to business use in 2020 because he says the barn has always been used for this and it should have been refused. He says a subsequent extension of the business use was refused in 2021 but no enforcement action has been taken.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant. I have also considered the planning history of the site.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council has allowed a business to change an agricultural barn into a visitor centre and then extend the scope of the development to a café/shop operation with planned events. He says the barn which was constructed with prior approval as an agricultural building has never been used for agriculture and has always had unauthorised use as part of the business.
The site in question was given approval for a visitor centre related to the business in 2017. Instead of creating a separate visitor centre the business converted the barn for this use and it weas reported to the Council. The Council required the owners to submit a retrospective planning application which they did in November 2019. The plans were approved in February 2020 despite objections from residents and the local parish council. Mr X did not complain to us about the decision until August 2022, which is outside the normal 12-month period for receiving complaints.
In 2021 the owners of the site submitted plans for extending the use of the barn site for a visitor centre/shop/café. The Council refused the application in December 2021 because it considered the impact on the local area was too great. Mr X says the Council should take action against the owners who are operating the site without planning approval. The Council says it has waited for the period when they could appeal to the Planning Inspectorate to end. It is now considering enforcement action.
We will not exercise discretion to investigate the 2020 approval. I have seen no evidence to suggest that Mr X could not have complained to us sooner. With regard to the current enforcement situation the Council has not yet completed its consideration. If Mr X is dissatisfied with any decision it makes on this in future he may submit a new complaint.
Final decision
We will not exercise discretion to investigate this complaint about the Council’s treatment of planning applications for change of use by a business. We will not investigate Mr X’s complaint that the Council has failed to take enforcement action on a recent breach of planning regulations because the matter is still being considered.
Investigator's decision on behalf of the Ombudsman