Summary: We will not investigate this complaint about planning enforcement because there is no evidence of fault.

The complaint

1. Ms X complains that a neighbouring property has been changed to a residential home without planning permission.

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The Ombudsman’s role and powers

2. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says that a nearby house has been changed to use as a residential home for people with learning difficulties.
6. The Council’s Planning Enforcement Officer visited and confirmed that no planning permission was required for the change of use as no more than 6 people would be living at the property.
7. The Planning Officer agreed to visit in response to the possible creation of a room which required planning permission.
8. Councils can take enforcement action if they find planning rules have been breached. However, councils should not take enforcement action just because there has been a breach of planning control.
9. Planning enforcement is discretionary and formal action should happen only when it would be a proportionate response to the breach. When deciding whether to enforce, councils should consider the likely impact of harm to the public and whether they might grant approval if they were to receive an application for the development or use.
10. As planning enforcement action is discretionary, councils may decide to take informal action or not to act at all. Informal action might include negotiating improvements, seeking an assurance or undertaking, or requesting submission of a planning application so they can formally consider the issues.
11. I am satisfied that the Council was fully aware of the building taking place and its use before deciding that no planning permission was required and no enforcement action was needed. In the absence of administrative fault, the Ombudsman cannot question these decisions.
12. Ms X has also queried the ownership of the building and whether the work carried out was put out to tender. I am not persuaded that these issues are fault by the Council or cause any significant injustice to Ms X to warrant investigation. Any concerns about financial irregularities are matters for the Police of the Council’s Auditor.

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Investigator's decision on behalf of the Ombudsman