The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s handling of a planning enforcement matter. This is because there is not enough evidence of fault in the Council’s handling of the case to date and it is unlikely we could achieve any worthwhile outcome by investigating the matter now.
The complaint
The complainant, Miss X, complains the Council has failed to take formal enforcement action against a developer for breaches of planning control on a site adjacent to her property. She also complains the Council failed to properly consult local residents about a proposed amendment to the approved plans.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Where councils identify a breach of planning control there are several options available to them to address the breach. Councils have powers to take formal enforcement action but this is seen as a last resort. National guidance and local policies generally require councils to take informal action and this includes speaking with the developer and encouraging them to submit a retrospective application to regularise any breaches. The application process then considers whether what has been built is acceptable. If it is acceptable the Council will take no further action and the development may proceed. If it is not, the Council may serve an enforcement notice on the developer requiring them to make changes. But this process is not quick and carries rights of appeal to the Planning Inspectorate.
The Council has confirmed in this case that the application submitted by the developer was of an inappropriate type and it has now been withdrawn. But the developer still intends to submit a retrospective application and the Council must consider any such application on its merits. While this process is ongoing the Council has explained it will not take formal enforcement action and it is not for us to criticise this approach. We also could not say the Council must take formal action now, contrary to its policies and national guidance, so we could not achieve the outcome Miss X wants.
While Miss X also complains about the Council’s handling of the developer’s application, in particular that it did not properly consult local residents about the proposal, this issue has not caused her significant injustice. The application was withdrawn and will not form the basis for further development at the site.
Once the developer submits a new application Miss X will be able to comment on it. If she considers the Council has not properly taken account of her comments she may wish to submit a new complaint.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and we cannot achieve any worthwhile outcome for Miss X by investigating its actions now.
Investigator's decision on behalf of the Ombudsman