Summary: We will not investigate Miss X’s complaint about the Council’s handling of a planning enforcement matter. This is because there is no evidence of fault in the way the Council decided not to take formal enforcement action and any delay did not cause Miss X significant injustice.

The complaint

1. The complainant, Miss X, complains the Council has refused to take action against the owner of a neighbouring property for failing to complete the development in accordance with the approved plans. She says the development as-constructed affects her privacy.

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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 Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has investigated Miss X’s concerns and accepts the neighbouring development has not been completed in accordance with the approved plans. However it has carried out a visit to the site and decided the breach does not result in overlooking which is sufficiently harmful to warrant formal action or refusal of any retrospective application to retain the development as it stands. This is a decision is entitled to make and I have seen no evidence of fault in the way it was reached; it is therefore unlikely we could criticise it.
6. Miss X also complains about delays by the Council in dealing with the matter but any delay has not caused her significant injustice. The Council has decided the breach does not cause significant harm and can be retained and there is no suggestion that had the Council investigated the matter sooner it would have reached a different decision. We cannot therefore say any delay affected the outcome or caused Miss X to live with the issue for longer than necessary.

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Final decision

7. We will not investigate this complaint. This is because there is no evidence of fault by the Council in the way it reached its decision or to show any delay caused Miss X significant injustice.

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Investigator's decision on behalf of the Ombudsman