The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that a construction compound on a site behind the complainant’s home is permitted development. We have not seen enough evidence of fault in the Council’s actions.
The complaint
Mr X complains the Council has permitted developers to erect a site compound that is not adjoined to the approved site and therefore does not benefit from permitted development.
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 continue an investigation if we decide there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council that a developer has erected a construction site compound on land behind his home.
The Council investigated the report. It told Mr X it did not grant planning permission for the compound. However, the developer has exercised permitted development rights under schedule 2 class A of the Town and Country Planning (General Permitted Development) (England) Order 2015. This allows someone to put temporary buildings or moveable structures, works, plants or machinery on any land to be used with development above or under the land, or on adjoining land.
The Council recognises there is a narrow unadopted lane between the development site and the land used for the construction compound. However, it is satisfied the two plots of land are close enough to qualify for permitted development.
I understand Mr X disagrees with the Council’s interpretation of the law. However, the Ombudsman is not an appeal body, and it is not our role to adjudicate on disputed points of law.
The Council has investigated the matter, and a senior officer exercised their professional judgement when deciding the construction compound benefits from permitted development rights.
Final decision
We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman