The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to take planning enforcement action against a structure erected by Mr X’s neighbours. This is because there is no evidence to suggest fault by the Council.
The complaint
Mr X complains the Council will not take planning enforcement action against the structure his neighbours have erected in their garden. He says he is concerned about noise nuisance the structure’s use may have and that it is unsightly.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant, including the Council’s response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about the structure his neighbours had built at their property. The Council confirmed a planning application was required for the structure and invited a retrospective application.
The Council did not receive an application and it then considered whether it was expedient to take enforcement action against the planning breach it had identified and use its discretionary powers. It decided the breach was not a serious one and that it would not take enforcement action.
In response to Mr X’s concern about noise nuisance from the use of the structure, the Council has suggested recording the noise at the time it will be most frequently heard.
It is not our role to act as a point of appeal against decisions made by councils with which complainants do not agree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. While the Council’s decision is disappointing for Mr X, it is one the Council can make and there is no evidence to suggest fault affected it.
Final decision
We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman