Summary: The Ombudsman will not investigate this complaint about how the Council investigated a possible breach of planning control. This is because it is unlikely he will find fault by the Council and the complainant has not been caused injustice.

The complaint

1. The complainant, whom I shall refer to as Ms X, complains about how the Council investigated a suspected breach of planning control.

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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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered the complaint and the Council’s responses. I invited Ms X to comment on a draft of this decision.

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What I found

4. Planning authorities may take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has carried out development without the required permission. The Council can authorise officers to enter land to assess if there has been a breach of planning control and if enforcement action is necessary.

What happened

5. Ms X lives in a conservation area and needs planning permission to alter her home. In May 2018, the Council started an enforcement investigation as Ms X had replaced windows without permission. However, the new windows were immune from enforcement action as it had been more than four years since they were fitted.
6. Ms X applied for planning permission to replace another window in the property. Planning permission was refused. Ms X appealed to the planning inspectorate, but the appeal was dismissed.
7. In April 2019, the Council received a report about another possible breach of planning control as Ms X had fitted a new window without permission. Officers from the Council visited Ms X’s home, but she was not in. The officers entered the garden and took photographs of the window. Ms X found out about the visit when she viewed her CCTV footage and complains the officers had no right to enter her garden without prior notice. Ms X says she feels harassed by the Council and argues its enforcement investigations are disproportionate. The Council disagrees. It says its officers had the right to enter the garden to investigate the alleged breach of planning control.

Assessment

8. I will not investigate Ms X’s complaint about the Council’s enforcement investigation as it is unlikely the Ombudsman would find fault by the Council.
9. When there is a suspected breach of planning control, the Council should carry out a proportionate investigation to decide if there has been a breech and if formal action is needed. Ms X complains the Council’s officers entered her garden without permission. But they have the power to enter land to decide if there has been a breach of planning control and there is no requirement to give advance notice unless entering a dwellinghouse. There is also no evidence Ms X has been caused any injustice by officers entering her garden to view a window while she was not home.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because it is unlikely he would find fault and Ms X has not been caused any injustice.

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Investigator's decision on behalf of the Ombudsman