The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with possible breaches of planning control. This is because we are unlikely to find fault.
The complaint
Mr X has complained about how the Council dealt with possible breaches of planning control. Mr X says his concerns have not been properly investigated and the development has a significant impact on his 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 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. 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.
Mr X has previously complained to the Ombudsman about how the Council dealt with possible planning breaches at his neighbour’s property. I will not consider these issues again as part of this complaint.
I have considered Mr X’s concerns about what has happened since he complained to the Ombudsman. Mr X says there have been further breaches as his neighbour is not complying with planning conditions and new additions have been added to the development.
However, I am satisfied the Council has properly looked into Mr X’s concerns. Enforcement officers have been observing the situation and decided the development is not materially different to what has been present for the last few years. The Council has also checked Mr X’s neighbour’s logbook and is satisfied the planning conditions are being complied with.
I understand Mr X disagrees with the Council’s decision not to take enforcement action. But the Council was entitled to use its professional judgement to decide it did not have any grounds on which to take enforcement action. As the Council properly considered if it should take enforcement action, it is unlikely I could find fault.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman