Summary: We will not investigate this complaint about planning enforcement. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains the Council has failed to take enforcement action again her neighbour who erected a tall fence without planning permission. She says the fence is harming her amenity and she can no longer enjoy her garden.

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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.

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

3. 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)

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How I considered this complaint

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

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My assessment

6. Planning authorities may take enforcement action where they identify a planning control breach. They are required to investigate claimed breaches, but use of their enforcement powers is discretionary and it is for an authority to decide whether it is expedient to use the powers in each case.
7. In response to Ms X’s concerns, the Council opened an enforcement investigation and visited the site. Although it accepted the fence was in breach of planning control, it decided there was insufficient harm caused by the breach to warrant enforcement action.
8. We will not investigate this complaint as there is insufficient evidence of fault. The Council appropriately investigated her concerns before reaching its decision that it was not expedient to take enforcement action. Enforcement action is a discretionary power and so this is a decision the Council is entitled to reach.
9. We cannot ask the Council to change this decision because Ms X disagrees with it, we can only consider whether there is evidence of fault in the way the decision was reached. In this case, there is insufficient evidence of fault to warrant an investigation.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman