Summary: We will not investigate Mrs X’s complaint that the Council failed to take enforcement action against a breach of planning control caused by intrusive scaffolding at a neighbouring property. There is not enough evidence of fault to justify investigating.

The complaint

1. Mrs X complained the Council failed to take enforcement action against a breach of planning control caused by intrusive scaffolding at a neighbouring property.
2. She said the Council’s failure to address the issue has spoiled the enjoyment of her home. She wants the Council to instruct her neighbour to proceed with the necessary building work and remove the scaffolding.

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

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How I considered this complaint

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

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My assessment

6. Mrs X complained an unfinished construction project at a neighbouring property had left intrusive scaffolding in place, even though no further work was being carried out at the site.
7. The Council carried out a planning enforcement investigation, as the presence of scaffolding without ongoing work could constitute a potential breach of planning control.
8. There is not enough evidence of fault in the way the Council handled the planning enforcement issues at the site to justify starting an investigation. The scaffolding was initially permitted under the terms of the approved planning application. However, once the Council became aware of delays in the works, it took reasonable steps to address the issue. In line with its planning enforcement guidance, the Council engaged with both property owners, issued a warning letter to the owner of the property with the scaffolding, and said it would take further action if the matter was not resolved within 28 days. The Council confirmed the scaffolding has now been removed and there is no ongoing injustice to Mrs X. It has since closed the case.

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Final decision

9. We will not investigate this complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman