The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has taken no enforcement action against an outbuilding erected by the complainant’s neighbour. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, says the Council should take planning enforcement action against an outbuilding erected in his neighbour’s garden.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council, which included the related complaint correspondence.
I also considered our Assessment Code.
My assessment
Parliament has given a blanket planning permission (‘permitted development’) for many minor works, including outbuildings. Subject to the specific nature of the works, local planning authorities have no control over these matters.
The Council has visited the neighbouring property and concluded the structure benefits from permitted development rights. It says it will make another visit once the structure is complete, to check compliance with the permitted development criteria.
I appreciate Mr X wants the Council to take enforcement action against the structure, but is has no power to do so.
As I see no evidence of fault in the way the Council has investigated this matter, the Ombudsman will not pursue the complaint.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman