Summary: We will not investigate this complaint about the Council’s refusal to take planning enforcement action. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr and Mrs X complained about the Council’s decision not to take planning enforcement against their neighbour. Mr and Mr X said their neighbour was running a business from their property, had erected an oversized fence, and had extended the size of their plot by appropriating part of a footpath. They want the Council to take action against their neighbour.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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))

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How I considered this complaint

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

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My assessment

6. The Council initially investigated Mr and Mrs X’s concerns during 2022 and 2023. It visited Mr and Mrs X’s neighbour and was satisfied they were not running a business and that the primary function of their property remained a home. It wrote to Mr and Mrs X explaining this. It also checked with Land Registry and found the neighbour had not wrongly increased the size of their plot. The Council accepted that a fence was too high, but said it was not in the public interest to take enforcement action. That was a discretionary decision the Council was entitled to make.
7. Although Mr and Mrs X are unhappy with the Council’s decision we will not investigate. That is because there is not enough evidence of fault in how it considered their concerns to justify our involvement. If Mr and Mrs X believe there is a current breach of planning, they would need to report this to the Council for it to complete a new investigation.

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Final decision

8. We will not investigate Mr and Mrs X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman