Summary: We will not investigate this complaint about the Council’s lack of enforcement action against breaches of planning and listed building control. We have not seen sufficient evidence of fault in the Council’s actions. And further investigation is unlikely to lead to a different outcome.

The complaint

1. Mr X complains the Council is failing to take enforcement action against breaches of planning and listed building control.

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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
• 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 Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The town council obtained planning permission to erect signs on a listed building. However the signs were placed in a different position to that shown on the drawings. The town council also erected lights without planning permission or listed building consent (LBC).
6. The Council acknowledges the signs are in a different location to that on the approved plans. However, it does not consider it expedient to take enforcement action on this matter.
7. The Council recognised the lights require planning permission and LBC. It received a retrospective application. It refused the application in August.
8. Mr X complains the lights remain in place despite being in breach of planning control.
9. The Council confirms it has advised the town council it can:
• remove the lights
• make a new application; or
• appeal against the decision to refuse planning permission (it has until February to do so).
10. It has also confirmed it will consider what enforcement action (if any) it will take once the deadline for an appeal has passed.
11. 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 effective enforcement action to maintain public confidence in the planning system but says councils should act proportionately.
12. 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.
13. In this case, the Council investigated Mr X’s concerns and agreed the signs have not been erected in line with the approved plans. However, it decided that it would not be expedient to take enforcement action against the location of the signs. This is a decision it is entitled to make.
14. The Council acknowledges the lights do not have planning permission. It has advised the town council on the options available. And it has confirmed it will consider what enforcement action if any it may take once the deadline for an appeal has passed. We consider that further investigation of this point will not lead to a different outcome.

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Final decision

15. We will not investigate Mr X’s complaint because:
• there is not enough evidence of fault in the Council’s actions; and
• further investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman