The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about planning advice. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mr X complains he asked the Council what permissions he needed to build an outbuilding in his garden. The Council told him he did not need planning permission for the size of building he proposed if it was no higher than 2.5 metres. Mr X says the Council should have told him he may need to consider building regulations.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In 2024, Mr X decided to build a gym in his garden. He emailed the Council to ask what permission he needed. The Council said it would be permitted development if it was no more than 2.5 metres high.
Mr X began building works. In September 2025, the Council saw the building works and wrote to him the following day telling him it was unauthorised with respect to building regulations. It explained that planning permission differs from building regulations. It said the planning officer told Mr X he did not need planning permission but did not state he did not need to comply with building regulations.
It was Mr X’s responsibility to check carefully whether building regulations were required before starting an expensive building project. There is not enough evidence of fault in the Council’s consideration of the matter to justify an investigation by the Ombudsman.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman