New Forest National Park Authority (20 005 452)

Statement Closed after initial enquiries Enforcement 09-Nov-2020

Summary: Mr and Mrs X complain about the way the Council dealt with a planning application and subsequent enforcement. The Ombudsman will not investigate this complaint because the matter is out of time and there is no evidence of fault in the way the Council considered enforcement action.

North East Derbyshire District Council (20 001 499)

Statement Closed after initial enquiries Enforcement 06-Nov-2020

Summary: Mr B complains the Council refuses to act against an alleged breach of planning control. The Ombudsman will not investigate this complaint as we are unlikely to find fault in the way the Council decided not to take enforcement action. And, if Mr B believes the Council has been negligent, he can ask the court to decide whether the Council should pay compensation.

London Borough of Lambeth (20 001 504)

Statement Closed after initial enquiries Enforcement 03-Nov-2020

Summary: The Ombudsman will not investigate Mr and Mrs X’s complaint that the Council failed to notify them of a planning application and has refused to take enforcement action to reposition an external staircase which overhangs their back garden. There is no fault in the planning approval and insufficient injustice to investigate the enforcement decision.

London Borough of Enfield (18 011 106)

Statement Upheld Enforcement 03-Nov-2020

Summary: Mr X complains the Council failed to properly respond to his neighbour’s planning breach, eventually wrongly approving a retrospective planning application. He also says it failed to respond to his complaints about noise from his neighbour and delayed responding to his complaint. Mr X says this caused him an injustice as he now has two unsightly outbuildings along his fence line. The Council has apologised for delay and offered a remedy. We do not consider the remedy sufficient. We consider the Council partially remedied its initial failure to properly assess the development by addressing a retrospective application at planning committee. But it did not demonstrate it fully considered Mr X’s objections. We have recommended a remedy.

City of York Council (19 012 604)

Statement Not upheld Enforcement 02-Nov-2020

Summary: Mr X complains about an unauthorised use of land near his home. While the Council agrees there has been a material change of use that breaches planning control, it decided not to take enforcement action. Enforcement action is discretionary, and the Ombudsman found no fault in how the Council reached its decision not to act against the planning breach reported by Mr X.

London Borough of Tower Hamlets (20 004 826)

Statement Closed after initial enquiries Enforcement 29-Oct-2020

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s delay in enforcing against an unauthorised rear extension to a Grade II Listed property on the road where he lives. The matter does not cause Mr X sufficient personal injustice to warrant an Ombudsman investigation. An investigation could not achieve any further worthwhile outcomes for Mr X.

South Cambridgeshire District Council (19 012 458)

Statement Upheld Enforcement 29-Oct-2020

Summary: The Council is at fault as it failed to carry out its own investigation into whether Mr Y’s occupancy of an annexe at Mr X’s property breached a planning condition. The Council also failed to take account of Mr Y’s disabilities and vulnerability. The faults caused distress and avoidable time and trouble to Mr X and significant distress to Mr Y. The Council has offered a payment of £300 to Mr X and £550 to Mr Y to acknowledge the injustice to them. This is a sufficient and proportionate remedy.

South Lakeland District Council (20 005 235)

Statement Closed after initial enquiries Enforcement 28-Oct-2020

Summary: Mr and Mrs X complain about the way the Council decided not to take action against railings installed on a flat roof section of their neighbour’s house. There is not enough evidence of fault by the Council in how it made its decision not to enforce to warrant an Ombudsman investigation.

Sandwell Metropolitan Borough Council (20 005 295)

Statement Closed after initial enquiries Enforcement 28-Oct-2020

Summary: The Ombudsman will not investigate Mr Q’s complaint about the Council’s handling of a planning enforcement matter. This is because we are unlikely to find fault.

Tandridge District Council (19 013 802)

Statement Upheld Enforcement 28-Oct-2020

Summary: Mr X complains the Council failed to properly investigate enforcement reports he made about a commercial site to the rear of his home. We found there was fault by the Council. The Council agreed to make a payment to Mr X to reflect the additional time Mr X had to spend chasing the complaints. The Council also agreed to review an issue with its records and take a prompt decision on a retrospective planning application. This would enable it to decide upon any relevant enforcement action needed for the site in question.