Summary: We will not investigate this complaint about the Council’s handling of an alleged breach of planning control. There is not enough evidence of fault in the way the Council has handled the matter.

The complaint

1. Mr X complains the Council has failed to take action against the unauthorised use of land next to a property he owns.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start 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 can 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, which included some of their correspondence and the Council’s complaint responses.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I appreciate Mr X is very unhappy about the use of the neighbouring land.
7. But the Ombudsman does not act as an appeal body against Council decisions on planning enforcement cases. Rather, we look at whether there was fault in the way it made its decisions. If we decide there is not enough evidence of fault in how it did so, we cannot question whether it should have reached a particular decision or say it should have reached a different outcome, regardless of whether the complainant disagrees with the decision the organisation made.
8. I find there is not enough evidence of fault in the way the Council has considered this planning enforcement case to justify starting an investigation. The Council investigated the reports of a breach of planning control at the site, and has explained that the use has existed for more than 10 years. The time limit for taking planning enforcement action (as detailed in section 171B of the Town and Country Planning Act 1990, as amended) has therefore passed. Despite this restriction, the Council has sought to achieve voluntary action by the landowner to reduce the visual and noise impacts of the use. The Council has also provided Mr X with advice about how he may report breaches of other regulatory regimes.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman