on the lessons that can be learnt from our complaints about end of life care given in care homes and in the home.
Category : Planning > Enforcement Decision : Closed after initial enquiries Decision date : 02 Mar 2026 The complaint
The Ombudsman’s role and powers
H ow I considered this complaint
My assessment
Final decision
The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action against a report of a breach of planning control. We have not sent enough evidence of fault in the Council’s decision to justify an investigation.
The complaint
Mr X complains the Council is failing to apply the law restricting pop-up camp sites on a farm close to his home.
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
The law on operating pop-up camp sites states: “Development consisting of— (a)the use of any land as a recreational campsite for not more than 60 days in total in any calendar year; and (b)the provision on such land of— (i)not more than 50 pitches; and (ii)any moveable structure reasonably necessary for the purposes of the permitted use.”
is permitted development. This means no specific planning permission is needed.
The law also states the following conditions apply: “BC.2 Development is permitted by Class BC subject to the following conditions— (a)the developer must make on-site provision for users of the campsite of toilet and waste disposal facilities; (b)the developer must notify the local planning authority in writing before commencement of development in each calendar year, providing a copy of the site plan, which must include particulars of— (i)toilet and waste disposal facilities; and (ii)the dates on which the site will be in use; (c)the local planning authority (if not the same body as the fire and rescue authority in an area) must as soon as practicable provide to the relevant fire and rescue authority the notice described in paragraph BC.2(b); and (d)where the proposed development is on land within Flood Zone 2 or Flood Zone 3, the permitted development is subject to prior approval by the local planning authority before commencement of development in each calendar year.”
Mr X has provided information from websites owned by other authorities and companies which say the moveable structures must be removed when the campsite is not in use to ‘stop the clock’. However, as seen from the above extract, there is nothing in the statue that requires this.
The Council says it has considered the law and relevant Planning Inspectorate decisions. It has decided there is no breach of planning control. I understand Mr X disagrees with the Council’s view. However, we have not seen any fault in the way the Council considered the matter and this is a decision it is entitled to make.
The Council also confirms its licensing team have visited the site and are satisfied there are no issues with the site.
The Ombudsman is not an appeal body. I understand Mr X has referred to interpretations of the law provided by different authorities. However, having reviewed the information provided I have not seen enough evidence of fault in the way the Council made its decision.
Final decision
We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the way the Council decided there is no breach of planning control at the campsite.
Investigator's decision on behalf of the Ombudsman