The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that the Council has not taken planning enforcement action about decking at his neighbour’s property. This is because the Council’s enforcement investigation is ongoing, so an investigation by us is not justified.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has not pursued planning enforcement action about raised decking at his neighbour’s property which overlooks his home. Mr B says the Council required his neighbour to reduce the height of the decking and erect a privacy screen, but this has not been done. Mr B complains that the Council has now told him there is no breach of planning control at the property.
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 can decide whether to start an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
In response to Mr B’s complaint, the Council said the retrospective grant of planning permission for his neighbour’s decking was subject to conditions. These conditions required the reduction of the height of the decking and the erection of a glazed privacy screen. The Council said these conditions have not been complied with in full, so it would ask for this to be done. The Council added that if the conditions are not complied with, the Council would serve breach of condition notices.
This information indicates the Council’s planning enforcement investigation is ongoing. This means it is too early for us to consider Mr B’s complaint in detail.
This is because enforcement action by the Council may result in Mr B’s neighbour making the changes to the decking that Mr B seeks.
Mr B may complain to us again if the matter remains unresolved and he considers the Council to be at fault. But, at the moment an investigation by the Ombudsman is not justified.
Final decision
We will not investigate Mr B’s complaint because it is too early to consider the matters complained about.
Investigator's decision on behalf of the Ombudsman