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

The complaint

1. Mr X has complained about how the Council has dealt with breaches of planning control and the Council’s decision not to take enforcement action. Mr X has also complained about the Council’s decision to grant his neighbour’s planning application. Mr X says the developments impact his home and his property has lost value.

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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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X has complained about the Council’s decision to grant his neighbour’s planning application and says the Council refused permission for a similar development due to the impact. However, the Council has explained how the previous reasons for refusal were addressed and I am satisfied the Council properly considered the acceptability of the amended development before granting planning permission.
7. Mr X has also complained about how the Council has dealt with breaches of planning control at the site. He says the Council has allowed development to continue despite the breaches.
8. 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.
9. 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.
10. In this case, the Council looked into Mr X’s concerns about the possible breaches but decided not to take enforcement action. I understand Mr X disagrees and says his home has lost value. But the Council was entitled to use its professional judgement to decide if it should take enforcement action and it has explained why it did not consider enforcement action necessary. Councils do not need to take formal action just because there has been a breach and loss of property value is not a planning consideration. As the Council properly considered if it should take enforcement action, it is unlikely I could find fault.

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Final decision

11. We will not investigate Mr 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