Summary: Mr X complains about the Council’s failure to take planning enforcement against his neighbour. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council causing injustice.

The complaint

1. Mr X complains about the Council’s failure to take planning enforcement against his 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 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, or
• the injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), 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 before a final decision has been made.

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What I found

4. Mr X’s neighbour obtained planning permission for a development next to Mr X’s land. The neighbour was required to build a visibility splay which encroached on Mr X’s land.
5. The Council explained that the requirement to build the splay lay with the neighbour and any failure to do so could result in enforcement action against the neighbour (and not Mr X). The neighbour has since submitted a planning application which varies the splay. This has yet to be determined.
6. 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.
7. Government guidance says formal enforcement action should be the last resort and councils are encouraged to resolve issues through negotiation and dialogue with developers.
8. Councils are encouraged to seek a planning application to regularise development in order to determine whether what has been built would obtain planning permission. If not, the Council can then consider and take any enforcement action considered appropriate.
9. I am satisfied that the Council acted without fault in this matter. Once the new planning application has been determined the Council can then make a decision about enforcement.

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Final decision

10. The Ombudsman will not investigate this complaint because there is no evidence of fault causing injustice.
     

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Investigator's decision on behalf of the Ombudsman