Summary: Ms X complains about failure by the Council to take planning enforcement action. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Ms X complains about failure by the Council to take planning enforcement action.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I considered the complainant’s comments on my draft decision.

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My assessment

6. Ms X is unhappy with the size and position of a building erected at the back of her neighbour’s garden.
7. The Council has confirmed that it does not need planning permission as it is Permitted Development. Parliament has given a blanket planning permission (‘permitted development’) for many minor works. Subject to the specific nature of the works, local planning authorities have no control over these matters.
8. I am not persuaded that, as the Council has no planning control over the matter, there is any administrative fault in the Council’s decision that it cannot take planning enforcement action.
9. In the absence of fault, the Ombudsman would not investigate this matter.

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Final decision

10. I do not intend to investigate this complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman