The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to act against reported breaches of planning control. We have not seen enough evidence of fault in the Council’s actions.
The complaint
Ms X complains the Council has failed to take enforcement action against breaches of planning control involving her land.
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 Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complains the Council failed to take enforcement action against a track installed by her neighbours and an earth bund tipped onto her land.
The Council confirms the upgrade to the track is permitted development and does not require planning permission. Also, maintenance and drainage issues cannot be considered under the permitted development.
Access issues and the legality of the track are civil matters between Ms X and her neighbours. They are not matters the Council can resolve.
The Council has confirmed it is continuing to consider the earth bund and will update Ms X with its findings.
Final decision
We will not investigate Ms X’s complaint because we have not seen enough evidence of fault in the way the Council considered her report about the breach of planning control with the track and the ongoing investigation into the earth bund.
Investigator's decision on behalf of the Ombudsman