The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about planning enforcement. There is not enough evidence of fault by the Council to warrant investigation by us.
The complaint
Mrs X said the council had failed to properly consider the impact of development by a neighbour when retrospectively approving building work that had breached planning conditions.
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 the complainant and checked planning documents available on the Council’s website.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council received a report of a breach of planning control by Mrs X’s neighbour. This involved changes to the dimensions of an extension and the nature of a window.
Planning enforcement action is discretionary. Councils that are planning authorities may decide that the nature of a breach is not enough to warrant enforcement action. They may also decide to regularise a development by asking for a retrospective planning application. We cannot say the Council should have taken a particular view of the nature of a breach if it has acted properly by considering it.
In this case, the records show the Council visited the site and found the differences between the approved plans and what had been built were “minor and inconsequential”. It took the view that the effect on neighbouring amenity was limited. It decided to accept a retrospective planning application. It could do that. That Mrs X takes another view of the differences is not evidence of fault by the Council.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council in considering the planning breach to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman