The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to take enforcement against unauthorised development on a field opposite the complainant’s home. Further investigation is unlikely to add to the Council’s previous investigation. Nor is it likely to lead to a different result.
The complaint
The complainant, I shall call Mrs D, complains the Council has failed to take enforcement action against unauthorised development in a field close to their home. She also complains the Council has failed to keep her updated on action taken against the breaches of planning control.
Mrs D wants the Council to: take enforcement action to remove the stables and fodder barn; or ensure the landowner puts in a planning application so, if approved, the Council can apply conditions to the permission requiring their removal of the buildings if they are no longer needed.
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: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the Mrs D and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In May 2020, Mrs D told the Council about unauthorised development on a field opposite her home. This included bird pens and barns, stables, and a fodder barn.
In June 2021 the applications were considered by the Council’s planning committee. The retrospective applications were for: a gate to the field change of use of the land from agricultural to mixed agricultural/equestrian use with hardstanding and earth banks; and agricultural buildings Mrs D’s agent spoke to the Committee, objecting against all three applications. Following debate, the Committee approved the first two applications with conditions. It refused the application for the agricultural buildings as it decided the building failed to preserve or enhance the landscape.
Following refusal of permission for the buildings on the site, the Council considered taking enforcement action against the agricultural buildings. It decided it is not expedient to pursue enforcement action because : the land is not situated within a designated landscape the size and position of the stables and field store are acceptable; and given that planning permission has been granted for change of use of the land to mixed agricultural and equestrian use it would be logical to grant permission for the stables if an application was made.
Government guidance states that effective enforcement is important to maintain public confidence in the planning system. However, enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.
Having considered the breach of planning control, the decision not to take enforcement action against the unauthorised buildings on the site is a decision the Council is entitled to make.
In July 2022, the Council considered two applications. These were to discharge conditions on the planning permissions granted for the gate to the field and the change of use to mixed agricultural and equestrian use with hardstanding and earth banks.
The Council approved the discharge of conditions on both applications except for the conditions for drainage.
The Council confirms it told the landowner and their agent that the drainage information was not acceptable. It says the landowner is taking steps to rectify the situation and intend to submit a further application to vary the condition. However, the Council says it has been clear that it is progressing formal action for breach of the conditions.
The Council also confirms it has informed Mrs D of the situation and will continue to update her on the next steps.
Final decision
We will not investigate Mrs D’s complaint because: The Council has decided not to take enforcement actions against the unauthorised buildings. It explained how it reached this decision not to take formal action. The Council is entitled to decide not to take formal action as it has in this case.
All conditions on the approved applications have been discharged, save for those relating to drainage. The Council has confirmed that although the applicant intends to submit further information, it is progressing formal enforcement action for breach of these conditions.
It is therefore unlikely that further investigation will add to that already carried out by the Council. Nor is it likely to achieve anything more for Mrs D.
Investigator's decision on behalf of the Ombudsman