The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a report of a breach of planning control. We have not seen evidence of fault in the way the Council investigated the report and made a professional judgement.
The complaint
Mrs X complains the Council has allowed his neighbour to keep their decking and fence even though they breach planning control.
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 consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
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 discussion 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) Mrs X reported to the Council that her neighbour has erected fencing and decking higher than permitted development rights allow. The Council investigated and decided the development did not require planning permission.
Planning legislation requires councils to investigate when it receives a report of a breach of planning control. The Council visited the site of the reported breach and investigated before deciding there was no breach.
I cannot question the Council’s decision if there was no fault in the way it was reached. The Council acted in line with planning legislation and is entitled to reach a decision based on Officers’ professional judgement.
Mrs X said the Council’s measurements are wrong. However, the Council has visited the neighbour and measured the height. I am satisfied it took the suitable steps and I therefore cannot question the outcome.
Final decision
We will not investigate Mrs X’s complaint because we have not seen any fault with the Council’s actions in relation to the enforcement case.
Investigator's decision on behalf of the Ombudsman