Summary: X complained about the Council’s decision not to take planning enforcement action against a neighbour, who had built a structure in breach of planning controls. We found no fault in the way the Council made its decision that no further action was justified.

The complaint

1. The person that complained to us will be referred to as X.
2. X complained the Council did not take enforcement action against a neighbour who built an unlawful structure near the shared boundary.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I read the complaint and discussed it with X. I read the Council’s response to the complaint.
6. I gave the Council and X an opportunity to comment on a draft of this decision.

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What I found

Planning enforcement powers

7. Not all development requires planning permission from local planning authorities. Certain developments are deemed permitted, providing they fall within limits set within regulations. This type of development is known as ‘permitted development’.
8. Councils have a range of options for formal planning enforcement action available to them, including:
• Planning Contravention Notices – to require information from the owner or occupier of land and provide an opportunity to rectify the alleged breach;
• Planning Enforcement Notices – where there is evidence of a breach, to identify it and require action to remedy it;
• Stop Notices - to prohibit activities without further delay where it is essential to safeguard the public;
• Breach of Condition Notices – to require compliance with the terms of planning conditions already determined necessary for approval of the development;
• Injunctions – by application to the High Court or County Court, the Council may seek an order to restrain an actual or expected breach of planning control.
9. However, as planning enforcement action is discretionary, councils may decide to take informal action or not to act at all. Informal action might include negotiating improvements, seeking an assurance or undertaking, or requesting submission of a planning application so they can formally consider the issues.

What happened

10. X’s neighbour built a structure near the shared boundary without planning permission.
11. A planning enforcement officer visited the site and found the structure was too high and so outside permitted development limits. However, the planning enforcement officer decided the increase in height did not cause significant harm to the public and so no further action was justified.

My findings

12. We are not a planning appeal body. Our role is to review the process by which planning decisions are made. We look for evidence of fault causing a significant injustice to the individual complainant.
13. In this case, before a decision was made, the planning enforcement officer:
• considered the allegation that there was a breach of planning control;
• visited the site;
• found evidence that there was a breach of control;
• considered the harm caused by the breach and decided not to take further action.
14. This is the planning enforcement decision-making process we would expect and so I find no fault.

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Final decision

15. I completed my investigation because I found no fault in the way the Council made its planning enforcement decision.

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Investigator's decision on behalf of the Ombudsman