Birmingham City Council (19 008 957)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 20 Jan 2020
The Ombudsman's final decision:
Summary: Mr X complains about the Council’s decision not to take enforcement action against a neighbour for a fence built without planning permission. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.
The complaint
- Mr X complains about the Council’s decision not to take enforcement action against a neighbour for a fence built without planning permission.
The Ombudsman’s role and powers
- 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.
(Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered the comment so both complainant and Council and the complainant has had an opportunity to comment on the draft decision.
What I found
- Mr X says that the neighbour at the back of the property built a fence which is higher than 2 metres and therefore needs planning permission.
- The Council says that it has investigated the matter but concluded that the higher part of the fence is lattice in structure and therefore allows light. The Council decided that the effect upon Mr X’s amenity was insufficient to warrant enforcement action ie it was not expedient to do so.
- 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.
- I am satisfied that the Council has properly considered its discretion as to whether or not take enforcement action in this case. In the absence of administrative fault, it is not for the Ombudsman to question the Council’s decision.
Investigator's decision on behalf of the Ombudsman