Summary: We will not investigate Mr X’s complaint about the Council’s decision not to take planning enforcement action. We are unlikely to find fault causing sufficient personal injustice to warrant investigation.

The complaint

1. Mr X complained the Council has failed to follow its planning enforcement procedures against developments in the local countryside.
2. He says it has not kept him informed of its actions as per its enforcement plan.

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The Ombudsman’s role and powers

3. 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 injustice is not significant enough to justify our involvement, or

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

4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. I considered the Councils Local Enforcement Plan.

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My assessment

8. 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.
9. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Unless we find fault in its decision-making process, we cannot comment on the decision(s) reached.
10. I have considered the steps the Council took to consider the reported breaches of planning. The Council has considered each reported breach and applied what it considers to be the relevant planning regulations. The Council is entitled to use its professional judgement when deciding whether to take enforcement action. There is insufficient evidence of fault in the Council’s decision-making to justify further investigation.
11. I have not seen evidence to suggest a lack of updates by the Council to Mr X. Further, its complaint responses provide clear information on its decisions, actions and proposed actions. There is therefore insufficient evidence of fault causing sufficient injustice to justify further investigation.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault causing sufficient injustice to justify our involvement.

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Investigator's decision on behalf of the Ombudsman