Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a planning enforcement matter. This is because the injustice she claims is the result of actions by a third party which we could not hold the Council responsible for.

The complaint

1. The complainant, Mrs X, complains the Council has failed to take enforcement action for a breach of planning control which has damaged her property. She believes that because the Council granted planning permission and has not taken enforcement action it should accept responsibility for the damage and provide her with compensation.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mrs X’s representative, Miss Y, and the Ombudsman’s Assessment Code.

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My assessment

4. The Council accepts Mrs X’s neighbour has failed to complete their development in accordance with the approved plans. But when a council identifies a breach of planning control it must consider the impact of the breach in planning terms when deciding how to address it. Formal enforcement action is discretionary and should be taken only as a last resort where a breach causes significant planning harm.
5. The impact of the breach in this case does not concern a planning issue such as the visual impact of the development or its impact on neighbour privacy; Mrs X argues instead that the way the development has been constructed has damaged her property. But this is not a planning matter so the Council cannot consider it in deciding whether to take formal action. And even if it did, such action would not necessarily repair the damage to Mrs X’s property as this is not the purpose of enforcement action.
6. It is Mrs X’s neighbour’s building work which has damaged her property and if Mrs X wishes to seek a remedy for this she may wish to obtain legal advice about a claim against her neighbour/their builder. Alternatively, if she believes the Council is liable for the damage she may seek advice on this point. But we could not hold the Council responsible for damage caused by a third party in these circumstances.

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Final decision

7. We will not investigate this complaint. This is because Mrs X’s injustice stems from the actions of her neighbour/their builder rather than any fault by the Council.

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Investigator's decision on behalf of the Ombudsman