Summary
Mr X complains about lack of planning enforcement action against a neighbour. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.
The complaint
Mr X complains about lack of planning enforcement action against a neighbour.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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.
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 builder has acted in breach of planning permission by working outside hours stipulated in planning conditions.
The Council says that they recorded three complaints over a period of nine months. They concluded that there was insufficient evidence to warrant enforcement action as there was insufficient public interest to warrant such action. They say they will review that decision if further breaches occur.
Councils can take enforcement action if they find planning rules have been breached. However, councils should not take enforcement action just because there has been a breach of planning control.
Planning enforcement is discretionary and formal action should happen only when it would be a proportionate response to the breach. When deciding whether to enforce, councils should consider the likely impact of harm to the public and whether they might grant approval if they were to receive an application for the development or use. Government guidance encourages councils to resolve issues through negotiation and dialogue with developers.
Government guidance says: “Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.” (National Planning Policy Framework July 2021, paragraph 59) I am satisfied that the Council properly considered whether enforcement action could be warranted. In the absence of administrative fault, the Ombudsman cannot question their professional judgement not to do so in this case.
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