Summary: We will not investigate this complaint about the way the Council considered reports of breaches of planning control and building regulations. We have not seen enough evidence of fault in the Council’s actions. And we cannot achieve the outcome the complainant is seeking.

The complaint

1. Miss X complains the Council allowed a neighbour to apply for retrospective planning permission to regularise a breach of planning control.
2. She also complains the Council:
• Failed to consider the impact of the extension on her home; and
• is failing to ensure her neighbour is following the approved plans and meeting building regulations.
3. Miss X wants:
• The Council to reconsider the roofline of the extension or require removal of windows and shutters closest to her home.
• Require external shutters to be replaced with internal blinds.
• Build the internal party wall according to approved plans.
• Pay her compensation for the permanent loss of amenity.

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The Ombudsman’s role and powers

4. 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 cannot achieve the outcome someone wants.

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

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council approved a planning application for an extension to her neighbour’s property.
8. The Council accepts the roof was not built according to approved plans. However, it considers the minor changes to the roof would not block significant levels of light and would not have harmful impact on the character and appearance of the host building or wider area. Therefore, it decided it is not expedient to take enforcement action against the breach of planning control.
9. The Council also confirmed:
• The windows in the roof are in line with the approved plans.
• Planning permission is not required to change the use of the property from planning class C4 (house in multiple occupation) to C3 (a dwelling house).
• It does not consider a single instance of failure of automatic shutters to close to be a breach of planning control. Miss X can report further breaches if they occur.
10. Miss X considers the Council is responsible for ensuring work follows the approved plans and building regulations. However, this is not the case. The responsibility for adhering to approved plans lays with the person who commissioned the work. The Council must consider any reports of breaches of planning control that it receives. However it is for the Council to decide what action (if any) it will take if it discovers a breach. We have not seen enough evidence to show it has failed to consider Miss X’s reports of planning control or explain the reasons why it will not take action.
11. Ensuring building work complies with building regulations also lays with the person who commissions the work. Approved Inspectors are private bodies or individuals who may carry out building control functions. The Approved Inspector and applicant must submit an "Initial Notice" to the Council Building Control service before work begins. Once the notice is accepted, the Approved Inspector is responsible for ensuring building works comply with Regulations.
12. The Council confirms the neighbour is using an Approved Inspector. The Council cannot intervene and any complaints about compliance with building regulations should be raised with the Approved Inspector or the Construction Industry Council.
13. Finally, if Miss X is suffering from noise nuisance, she can report these issues to the Council’s environmental health officers. And party wall issues are civil matters which must be resolved by Miss X and her neighbours.

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Final decision

14. We will not investigate Miss X’s complaint because:
• There is not enough evidence of fault in the way the Council considered her reports of breaches of planning control and building regulations.
• We cannot require the Council to make changes to existing planning permissions so we cannot achieve the outcome sought.

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Investigator's decision on behalf of the Ombudsman