The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to take planning enforcement action against a breach of planning control. There is not enough evidence of fault in the way the Council reached its decision that it was not expedient to pursue the matter further.
The complaint
Mr X complains the Council did not pursue planning enforcement action when a neighbour failed to submit the requested retrospective planning application for a breach of planning control.
The Ombudsman’s role and powers
We can 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. So, we do not start 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 can 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 X, and the Ombudsman’s Assessment Code.
My assessment
I can understand why Mr X feels aggrieved that he spent time and money on following the correct planning application process for a similar development, yet his neighbour is not being made to do the same.
However, planning enforcement is discretionary. Government guidance says action should be proportionate to the breach of planning control and taken when it is expedient to do so. In 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. Council’s may decide to take formal action, or not to act at all.
In this case, the Council invited Mr X’s neighbour to submit a retrospective planning application. When this was not forthcoming, the Council was entitled to reach a professional judgement that it was not expedient to pursue further enforcement action. I have seen no evidence of fault in the way the Council reached that decision, so the Ombudsman will not start an investigation.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way the Council reached its decision not to pursue enforcement action.
Investigator's decision on behalf of the Ombudsman