The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to the complainant’s report of a breach of planning control. 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, is unhappy the Council has decided it cannot take planning enforcement action against a large concrete block placed near land he owns. He says the block obstructs his access to the land and impacts upon the appearance of the area.
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)) In that regard, 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 Mr X and the Council, including the Council’s complaint responses.
I also considered our Assessment Code.
My assessment
I appreciate Mr X wants the Council to take planning enforcement action so that the concrete block obstructing his access is removed.
But we are not a planning appeal body. Our role is to review the process by which planning decisions are made. If we find evidence of fault, then we consider whether this is likely to have affected the decision/outcome.
The Council says the matter has been fully assessed by the Planning Enforcement Manager, a Principal Planning Officer, and a Senior Solicitor, having regard to the relevant case law. It has concluded the placing of the concrete block in this location does not amount to ‘development’ (as defined by the Town and Country Planning Act 1990) so is not covered by planning legislation/rules. It therefore has no power to take enforcement action. This was a decision the Council was entitled to reach.
I find insufficient evidence of fault in the way the Council made its decision to justify the Ombudsman pursuing Mr X’s complaint further.
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