Summary: We will not investigate this complaint about how the Council dealt with a possible breach of planning control. This is because we are unlikely to find fault. It is also unlikely an investigation would add to the Council’s response.

The complaint

1. Mr X has complained about how the Council has dealt with a possible breach of planning control. Mr X says the Council has failed to properly look into his concerns and the unauthorised development is a hazard.

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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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(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 Ombudsman’s Assessment Code.

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My assessment

4. 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. Informal action can often be the quickest and most cost-effective way of achieving a satisfactory result. The council may also request a retrospective application to regularise the situation.
5. 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.
6. In this case, the Council looked into Mr X’s concerns. An enforcement officer visited the site and decided that while some of the work carried out was permitted development, the wall built by Mr X’s neighbour was unauthorised. The Council invited Mr X’s neighbour to make a retrospective application to regularise the development. As the Council did not receive a planning application, it considered if it should take enforcement action. However, the Council decided it would not be expedient to take formal action as the breach was technical and did not impact the amenity of the area.
7. I understand Mr X disagrees with the Council’s decision not to take enforcement action. But the Council was entitled to use its professional judgement to decide formal action was not necessary and councils do not need to take enforcement action just because there has been a breach.
8. The Council has accepted that the correspondence its enforcement officers sent to Mr X was unclear. It has apologised and offered Mr X £100. I consider this suitable in the circumstances and it is unlikely an investigation by the Ombudsman would add to this or achieve anything more for Mr X.
9. Mr X says the development is a hazard. However, I am satisfied the Council’s building control officers have properly considered the issues Mr X has raised about the safety of the development. The Council has visited the site and inspected the wall, but decided it is not dangerous. The Council says it will continue to monitor the situation. As the Council properly considered if it needed to take action in relation to the potentially unsafe development, it is unlikely I would find fault in this regard.

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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. It is also unlikely an investigation would add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman