The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a possible breach of planning control. This is because we are unlikely to find fault.
The complaint
Ms X has complained about how the Council dealt with a possible breach of planning control. She says her neighbour’s development does not comply with approved plans and has a significant impact on her property.
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 Ms X and 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. 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 Ombudsman does not act as an appeal body against enforcement decisions. Instead, we consider if there was any fault with how the decision was made.
Ms X’s neighbour applied to the Council for a certificate of lawfulness of proposed use or development (CLOPUD). A CLOPUD application is a way of determining if a proposal is permitted development. If the Council is satisfied the proposal is lawful it must issue a certificate to that effect. In this case, the Council agreed the proposed works were permitted development and granted Ms X’s neighbour’s CLOPUD application.
Ms X contacted the Council as she said the development did not comply with the plans submitted with the CLOPUD application. The Council looked into Ms X’s concerns and agreed the development was not in line with the plans. However, it said it had no grounds on which to take enforcement action as the work being carried out was still permitted development and could be built without applying for planning permission.
Ms X disagrees and says the development has a significant impact on her property. But I am satisfied the Council has explained why the development is permitted development and it was entitled to use its professional judgement in this regard. As the Council properly considered if it was necessary to take enforcement action, it is unlikely I could find fault.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman