London Borough of Waltham Forest (23 004 311)
Category : Planning > Building control
Decision : Closed after initial enquiries
Decision date : 27 Jul 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s planning enforcement action as there is not enough evidence of fault.
The complaint
- Mr X complains on behalf of his mother, Mrs Y, that the Council has failed to properly investigate and act on a breach of planning control on a neighbouring property. He says Mrs Y fears the structure will collapse.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- any injustice is not significant enough to justify our involvement, or
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs Y’s neighbour built an extension.
- The Council told Mr X the extension was compliant with Building Regulations. There is no evidence of fault in its decision making.
- The Council found the extension was in breach of planning control because it was 40cm too high at the boundary. It says this was reduced by 20cm. The Council then told Mr X it would consider whether to take further action.
- The Council has discretion whether to take planning enforcement action. There is no evidence of fault in its decision making. Further, any injustice is not significant enough to justify our involvement.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman