Summary: Mr X complains that the Council has refused to take planning enforcement action against a neighbour’s windows. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mr X complains that the Council has refused to take planning enforcement action against a neighbour’s windows.

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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. (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 complained that a neighbour had built windows into a building which aligned a right of way at the back of his house. He says that the windows open out on to the path and could be a danger to users.
5. The Council has investigated the complaint but concluded that the possible loss of amenity from the window is insufficient to warrant enforcement action. The Council says that that it is not a breach of planning as there is no requirement that the window be prevented from opening.
6. I am satisfied that the Council properly considered its powers in this case and its conclusion, that there are no grounds for action, has been made without fault and so is not a matter the Ombudsman can question.

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Final decision

7. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman