The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a building control matter and a breach of planning control. This is because we are unlikely to find fault.
The complaint
Mr and Mrs X have complained about how the Council have dealt with concerns about their neighbour’s development. They say the building does not comply with building regulations and is dangerous. They also say the development has not been built in line with the approved plans.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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)
How I considered this complaint
I considered information provided by Mr and Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr and Mrs X have raised many concerns about their neighbour’s development. They say it does not comply with building regulations, is unsafe and will damage their property. Mr and Mrs X have previously complained to the Ombudsman about these issues, and I will not consider the same matters again as part of this complaint.
Mr and Mrs X have raised further issues about the building since we sent our decision on their previous complaint. However, Mr and Mrs X’s neighbour has used a private building control company and the Council has therefore not been involved in signing off the work. The Council has considered Mr and Mrs X’s concerns about the safety of the building and visited the site. But it decided the work carried out is not dangerous. I understand Mr and Mrs X disagree, but the Council was entitled to use its professional judgement in this regard.
Mr and Mrs X are concerned the development may damage their property. But this will be a private civil matter between Mr and Mrs X and their neighbour.
Mr and Mrs X have also complained the development has not been built in line with the approved plans. 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 approved plans. 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. Breaches of planning control are separate to building regulation matters.
In this case, I am satisfied the Council properly considered the possible breach and an enforcement officer visited the site. Mr and Mrs X’s neighbour made a retrospective planning application to regularise the development and permission was granted. The Council has confirmed it is satisfied the development has been completed in line with the plans approved for the retrospective application.
As the Council properly considered if enforcement action was necessary, it is unlikely I would find fault.
Final decision
We will not investigate Mr and Mrs X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman