The Ombudsman's final decision
Summary: Mr X complains about the Council’s refusal to take planning enforcement action. We will not investigate this complaint because there is no evidence of fault by the Council.
The complaint
Mr X complains about the Council’s refusal to take planning enforcement action.
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 or may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
I considered the complainant’s comments on my draft decision.
My assessment
Mr X says that his neighbour’s one storey extension has been built 7cm too high and says the Council should take enforcement action to reduce the height to the correct level.
The Council’s Planning Officer visited the site and measured the height. The Council says that the building is the correct height and accords with the planning permission.
I am satisfied that the Council properly investigated the complaint. In the absence of administrative fault, we cannot question the merit of the decision reached by the Council not to take action.
Final decision
I do not intend to investigate this complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman