Summary: Mr X complains about the Council’s refusal to take enforcement action. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mr X complains about the Council’s refusal to take enforcement action.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6))

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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. The complainant had an opportunity to comment on my draft decision.

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My assessment

6. Mr X says that a neighbour of his parent’s has built an extension larger than authorised. He says that this has reduced sunlight into his parent’s house.
7. A Planning Officer visited and measured the extension and took photographs. The Planning Officer concluded that the difference between that built and that approved was too minimal to warrant planning enforcement action. However, a variation of planning condition was requested and approved for some changes that had been made.
8. Mr X disputes the accuracy of the measurements.

9. Councils can take enforcement action if they find planning rules have been breached. However, councils should not take enforcement action just because there has been a breach of planning control.
10. Planning enforcement is discretionary and formal action should happen only when it would be a proportionate response to the breach. When deciding whether to enforce, councils should consider the likely impact of harm to the public and whether they might grant approval if they were to receive an application for the development or use. Government guidance encourages councils to resolve issues through negotiation and dialogue with developers.
11. Government guidance says: “Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.” (National Planning Policy Framework July 2021, paragraph 59)
12. I am satisfied that, by visiting the site, the Planning Officer was able to form a view as to the impact the extension would have upon neighbouring amenity. Mr X's dissatisfaction lies with the merits of the Council's decision but, in the absence of fault, the Ombudsman cannot criticise the Council's decision.

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Final decision

13. 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