Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because we are unlikely to find fault.

The complaint

1. Ms X has complained about how the Council dealt with a breach of planning control. Ms X says an enforcement notice issued for a site near her home has not been complied with and the Council has failed to take any action. Ms X says the development has a significant impact on her property.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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

4. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

5. The Council issued an enforcement notice following breaches of planning control at a site near Ms X’s home. An appeal was made to the Planning Inspector against the notice, but the appeal was dismissed. Ms X says the notice has not been complied with as required and says the Council should take action against the site owner. However, the Council has said it will not take further action as most requirements have been completed and the aim of the notice has been met.
6. I am satisfied the Council has properly considered if it should take further action. Enforcement officers have visited the site on many occasions, and the Council has explained why it considers the outstanding issues do not cause planning harm.
7. I understand Ms X disagrees. But the Council was entitled to use its professional judgement to decide it would not be expedient to take further action against the developer. As the Council properly considered if it was necessary to take further enforcement action, it is unlikely I could find fault.

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Final decision

8. We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman