Malvern Hills District Council (19 004 791)

Statement Not upheld Enforcement 04-Nov-2019

Summary: Mrs Y complained the Council have failed to take enforcement action against her neighbour for putting up a fence which is above the two-metre limit allowed under permitted development regulations. The first part of the complaint relates to a planning application granted several years ago which is outside our 12-month time limit and so we will not investigate this. For those parts of the complaint that are within our time-limit, there was no fault in the way the Council made its decision not to take enforcement action.

Westminster City Council (18 013 213)

Statement Upheld Enforcement 31-Oct-2019

Summary: There was no fault in the way the Council dealt with Mr B’s reports of noise from a nearby construction site. But there were failings in the way the Council handled Mr B’s formal complaints about the matter. The Council has agreed to apologise to Mr B.

London Borough of Enfield (18 010 926)

Statement Upheld Enforcement 30-Oct-2019

Summary: The Council was at fault in its contact with Miss Y, and in managing her expectations of the Planning Enforcement Team. Although she suffered some stress and annoyance, this fault made no difference to what officers could achieve for her. As the Council has apologised, I have not proposed any further personal remedy. But I have asked the Council to review its protocols relating to enforcement officers’ contact with the public.

London Borough of Hounslow (19 001 025)

Statement Closed after initial enquiries Enforcement 28-Oct-2019

Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s decision not to take formal planning enforcement action against her neighbour. This is because it is unlikely we would find fault by the Council and the injustice Mrs X claims stems from the actions of her neighbour, rather than the Council.

Worthing Borough Council (19 001 034)

Statement Upheld Enforcement 25-Oct-2019

Summary: Ms Y complains about the process followed by the Council when enforcing against breaches of planning control at a site close to her home. There was fault because the Council incorrectly drafted two Enforcement Notices. This meant Ms Y suffered injustice in the form of overlooking and noise from the car park. The Council has agreed to pay £1800 in recognition of the impact on her amenity and a further £200 for Ms Y’s time and trouble. There was no fault in the other matters complained about.

Birmingham City Council (19 008 917)

Statement Closed after initial enquiries Enforcement 24-Oct-2019

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement matter. If Mr X disputes the Council’s view that his development requires planning permission it would be reasonable for him to await an enforcement notice and appeal.

London Borough of Merton (19 002 139)

Statement Upheld Enforcement 22-Oct-2019

Summary: the Council delayed investigating enforcement matters, delayed responding to Mr B’s communications and failed to tell Mr B when it decided there had been no enforcement breach. That caused Mr B frustration and led to him having to go to time and trouble to pursue his complaint. An apology, payment to Mr B and reminder to officers is satisfactory remedy for the injustice caused.

Rochdale Metropolitan Borough Council (19 002 824)

Statement Upheld Enforcement 22-Oct-2019

Summary: Mr X says the Council failed to check that a developer had built a fence between the development site and his home before it discharged a condition of the planning permission. There was fault by the Council which caused injustice to Mr X. The Ombudsman is satisfied the Council has agreed action to remedy the injustice.

London Borough of Havering (19 007 534)

Statement Closed after initial enquiries Enforcement 22-Oct-2019

Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s handling of a planning enforcement matter. This is because it is unlikely we would find fault by the Council causing Mrs X significant injustice.

Northumberland County Council (19 003 347)

Statement Not upheld Enforcement 21-Oct-2019

Summary: There was no fault by the Council in a complaint that alleged the Council did not act on alleged breaches of planning conditions at a development close to the complainant’s home.