Summary: We will not investigate this complaint about the way the Council dealt with a report of a breach of planning control. There is insufficient evidence of fault in the Council’s actions. And we consider the complainant has not suffered a significant personal injustice which warrants our involvement.

The complaint

1. Mr X complains the Council has decided the breach of planning control based on expediency and not as a fact of law. He wants it to reassess his report of a breach of planning control at a property near his home.

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

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council confirms planning permission is not required for flags erected at a nearby property. It says the flags benefit from deemed planning consent under The Town and Country Planning (Control of Advertisements)(England) Regulations 2007. Therefore it is satisfied there is no breach of planning control.
6. The Council has considered the report of the breach of planning control and applied what it considers to be the relevant planning regulations. Therefore I consider there is not enough evidence in the way the Council came to its decision.
7. Mr X says he must pass under the advertisement (in the form of flags) when accessing his home. He says it affects his amenity.
8. I understand Mr X is dissatisfied with the flags erected at a property near his home. However, I do not consider he has suffered a significant personal injustice because of the Council’s actions which justifies an investigation.

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Final decision

9. We will not investigate Mr X’s complaint because:
• there is not enough evidence of fault in the way the Council considered the report of a breach of planning control; and
• we consider Mr X has not suffered a significant personal injustice which warrants our involvement.

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Investigator's decision on behalf of the Ombudsman