Planning enforcement

This fact sheet is aimed primarily at people who believe the council should be taking enforcement action against a nearby development and may be considering making a complaint to the Ombudsman.

I think there has been a breach of planning control near my property and the council has not taken enforcement action. Can the Ombudsman help me? 

Yes. We usually investigate complaints where the evidence suggests there has been a significant breach of planning control that directly affects you and where your complaint is about the way the council has dealt with, or failed to deal with, the matter. 

Councils can take enforcement action where someone fails to get planning permission for a development or where the developer has not complied with conditions attached to a planning consent. There is a wide range of informal and formal action which councils can take.

However, it is not our role to decide whether the council should take enforcement  action.

We have to take into account that:

  • Quite a lot of development, including some house extensions, can take place without planning permission because it is permitted by law. So the council has first to be sure that the development complained about does need permission.
  • Enforcement powers are discretionary. Before taking enforcement action, the council must be satisfied that such action is the right thing to do (that it is 'expedient').
  • Government guidance does not say that councils should take action against all unauthorised development, but a council should take action where serious harm to local public amenity is being caused. 
  • The Government also says that councils should try informal methods of resolving the matter before considering the use of legal powers. So action may not be immediate.
  • The Ombudsman may not question the merits of decisions which have been made in a proper manner. This means the Ombudsman will not intervene in disagreements about the merits of decisions.

How do I complain? 

You should normally complain to the council first. Councils often have more than one stage in their complaints procedure and you will usually have to complete all stages before we will look at your complaint.

Then, if you are unhappy with the outcome, or the council is taking too long to look into the matter – we think 12 weeks is reasonable – you can complain to us. 

You should normally make your complaint to us within 12 months of realising that the council has done something wrong.

To complain to the Ombudsman phone our helpline on 0300 061 0614 (8.30am to 5.00pm, Mondays to Fridays). You will be able to discuss your complaint with one of our advisers. You can text us on 0762 481 1595.

You can complete an online complaint form.

If you can consider my complaint what will the Ombudsman look for? 

We consider whether the council has done something wrong in the way it went about dealing with a report of a planning breach that has caused you problems. Some of the faults we might find are that the council:

  • unreasonably delayed assessing whether there is a breach of planning control 
  • unreasonably delayed deciding how serious the breach is and what action is appropriate
  • unreasonably delayed taking enforcement action where it accepts it is justified 
  • failed to keep proper records, such as records of site visits
  • failed to have a written policy on planning enforcement or failed to take its policies into account when deciding what action to take
  • failed to tell the parties involved of its decision or to keep them informed of progress, or
  • failed to liaise properly with other departments, such as environmental health or building control.

What happens if the Ombudsman finds that the council was at fault? 

Where there has been fault and you have suffered as a result, we can recommend that the council takes action to put the matter right. Depending on what the complaint is about, we may ask the council to: 

  • decide if and what enforcement action is warranted and take that action in a reasonable time
  • provide better and more timely information about what is happening, or 
  • improve procedures so that the same problems do not occur again. For example we may ask a council to introduce a new guidelines to clarify its enforcement priorities.

We may also ask the council to pay compensation in some serious cases; the amount we suggest will depend on how much you have been affected by what the council has done wrong. An example would be where we find there has been a long period of unreasonable delay and the unauthorised development significantly affects your amenity.

Examples of some complaints we have considered

Mr L complained that his council failed to take enforcement action to deal with extensions and alterations to his neighbour's home that affected his enjoyment of his home. The work carried out went well beyond what was authorised by a planning permission. There were serious delays in taking action over several years. For example, at one point the council said it would take enforcement action unless a revised planning application was submitted within 28 days, but the situation was still unresolved a year later. The council initiated enforcement action against the unauthorised development and paid Mr L £500 for his distress, inconvenience and the time and trouble he had taken in making his complaint.
Two neighbours complained that the council had not taken action to control the development of a property being built between their homes. We did not uphold the complaint because our investigation confirmed that the council had responded appropriately to their concerns. The council had investigated numerous alleged breaches of planning permission: in some cases no breach had occurred, but where breaches had occurred the council had taken action when this was expedient. The complainants were unhappy with the steps taken but we were satisfied that the council had acted in a reasonable manner.

Other sources of information

You can also contact Planning Aid at www.rtpi.org.uk/planningaid/

Your local council’s website usually provides some information about its planning enforcement service.

Our fact sheets give some general information about the most common type of complaints we receive but they cannot cover every situation. If you are not sure whether we can look into your complaint, please contact us.

The Local Government and Social Care Ombudsman provides a free, independent and impartial service. We consider complaints about the administrative actions of councils and some other authorities. We cannot question what a council has done simply because someone does not agree with it. If we find something has gone wrong, such as poor service, service failure, delay or bad advice and that a person has suffered as a result the Ombudsman aims to get it put right by recommending a suitable remedy.

March 2013 

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