The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because it is not yet possible to say if the complainant has suffered any significant injustice as a result of the alleged fault.
The complaint
Ms X has complained about how the Council dealt with a breach of planning control. She says her concerns were not properly investigated by the Council and it has given contradictory responses about the breach. Ms X believes the Council has been dishonest and says she has been caused stress by the matter.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide: any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission or not complied with planning conditions. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately.
The Council’s enforcement investigation is still ongoing. It has accepted there has been a breach of planning control. It says the works that have been carried out at the site do not amount to the commencement of development and therefore planning permission has lapsed. The Council is now considering if it is expedient and in the public interest to take enforcement action in relation to the unauthorised development.
As the Council’s enforcement investigation has not yet concluded, it is not possible to say if Ms X has suffered any significant injustice because of any alleged fault with the Council’s enforcement investigation. This is because the Council may still decide enforcement action is not necessary. Ms X can make a new complaint to the Ombudsman once the Council has concluded its enforcement investigation should she remain unhappy.
Ms X says she has spent significant time researching the issues and drafting letters to the Council. However, I do not consider the injustice suffered because of the time taken to pursue the complaint, significant enough to warrant an investigation by the Ombudsman.
Final decision
We will not investigate Ms X’s complaint because it is not yet possible to say if she has suffered any significant injustice because of any alleged fault with the Council’s enforcement investigation.
Investigator's decision on behalf of the Ombudsman