Summary: We will not investigate this complaint about how the Council dealt with breaches of planning control. This is because we are unlikely to find fault.

The complaint

1. Mr X has complained about how the Council has dealt with breaches of planning control and its decision not to take enforcement action against his neighbour. He says the Council has failed to properly investigate his concerns.

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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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately.
7. The Ombudsman does not act as an appeal body against enforcement decisions. Instead, we consider if there was any fault with how the decision was made.
8. In this case, I am satisfied the Council has properly looked into Mr X’s concerns. Enforcement officers have visited the site on a few occasions and taken measurements. The Council has said that some of the work carried out is permitted development and therefore it has no grounds on which to take enforcement action. It did find some unauthorised development but decided it would not be expedient to take enforcement action.
9. I understand Mr X disagrees. But the Council has explained why it will not take enforcement action and it was entitled to use its professional judgement to decide formal action was not necessary. As the Council properly considered if it should take enforcement action, it is unlikely we would find fault.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman