Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because it is not yet possible to determine if the complainant has suffered any significant injustice.

The complaint

1. Mr X has complained about how the Council dealt with a breach of planning control. Mr X says there have been long delays and the Council has failed to keep him up to date with its progress. He says the unauthorised development causes parking issues and the Council should take action to remedy the breach.

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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 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 continue an investigation if we decide:

• 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), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately. Informal action can often be the quickest and most cost-effective way of achieving a satisfactory result. The council may also request a retrospective application to regularise the situation. However, if the development is considered unacceptable, it may be necessary to take other action to secure compliance such as serving a breach of condition or enforcement notice.
5. Mr X says the Council should take action to remedy the breach. But the Council has issued an enforcement notice and the site owner has used their right to appeal to the Planning Inspector. Therefore, the question of whether the enforcement notice should be complied with is now a matter for the Planning Inspector.
6. Mr X says there was a long delay before the Council issued the enforcement notice and says it did not keep him updated during its investigation. However, as the appeal against the notice is still pending, I cannot yet say if Mr X has suffered any significant injustice because of any fault with the Council’s enforcement investigation. The appeal may be successful, and the site owner may not need to comply with the requirements of the notice issued by the Council.

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Final decision

7. We will not investigate Mr X’s complaint because it is not yet possible to determine if he has suffered significant injustice because of any fault with the Council’s enforcement investigation.

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Investigator's decision on behalf of the Ombudsman