Summary: Mrs X complains about lack of Council planning enforcement action against her neighbour. The Ombudsman will not investigate this complaint because the Council has now initiated action and this is considered a remedy to the complaint.

The complaint

1. Mrs X complains about lack of Council planning enforcement action against her neighbour.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered the complainant's and Council's comments. The complainant has been given the opportunity to comment on the draft decision.

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What I found

4. Mrs X complained to the Council in 2015 and 2016 about a neighbouring property which appeared to have been converted to separate flats.
5. The Council accepts that it failed to respond properly to her complaints and no enforcement action was taken until 2019 when a planning contravention notice was served on the neighbour.
6. A site inspection took place which discovered that the property had been let to up to 10 tenants and was, thus, a House of Multiple Occupation which required planning permission. The owner agreed to submit a planning application and Mrs X now has the right to make objections to the planning application before it is determined. The Council has said it will consider enforcement action if the planning application is refused.
7. The planning enforcement process we expect is as follows. We expect councils to consider allegations and decide what, if any, investigation is necessary. If the council decides there is a breach of control, it must consider what harm is caused to the public before deciding how to react. Providing the council is aware of its powers and follows this process, it is free to make its own judgement on how or whether to act.
8. Government guidance says formal enforcement action should be the last resort and councils are encouraged to resolve issues through negotiation and dialogue with developers.
9. Whilst the Ombudsman would not condone the delay by the Council in considering action, I am satisfied the matter is now progressing and Mrs X will have a further right to complain to this office if the Council fails to properly consider either the planning application or the question of enforcement action (if appropriate).

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Final decision

10. The Ombudsman will not investigate this complaint because the matter has now been remedied.

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Investigator's decision on behalf of the Ombudsman