The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to take action against a breach of planning control. There is not enough evidence of fault in the Council’s actions and further investigation will not lead to a different outcome.
The complaint
Miss X complains the Council has failed to take enforcement action against her neighbour for a breach of planning control.
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))
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X reported a breach of planning control at her neighbour’s property.
The Council confirms an officer visited the site. Their report confirms the development is acceptable in planning terms and they advised the neighbour to put in a retrospective planning application. However, it also says if an application is not received, it is not expedient to take enforcement action. Any enforcement action would be solely to regularise the development.
The Ombudsman does not act as an appeal body for planning decisions. Instead, we consider if there was any fault with how the decision was made. The evidence I have seen shows the Council visited the site, assessed the breach and came to a decision. This is the process we expect to see. Therefore we cannot criticise the decision not to take enforcement action against the breach of planning control.
I understand the Council delayed in advising Miss X of its decision. It has apologised for this and further investigation will not lead to a different outcome.
Final decision
We will not investigate Miss X’s complaint because: There is not enough evidence of fault in the way the Council made its decision not to take enforcement action; and We consider further investigation will not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman