Summary: Mrs X complains about the Council’s refusal to take planning enforcement action against a neighbour’s fence. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mrs X complains about the Council’s refusal to take planning enforcement action against a neighbour’s fence.

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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 commented on the draft decision.

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What I found

4. Mrs X’s neighbour obtained planning permission for an extension which included the erection of a fence alongside an adopted road and a private road. Mrs X says that the fence is higher than the 1m approved alongside the private road.
5. The Council replied saying that, although the fence is higher than approved in parts, enforcement action was not warranted because a fence that height could have been erected further back without the need for planning permission. Further it says that the fence does not interfere with car driver views to the north west or those using the private road. That, together with the 20mph speed limit and restricted width of the road, it says, mitigates any risk to motorists from the increased height of the fence.
6. It is not for the Ombudsman to say whether enforcement action should be taken. He must, however, be satisfied that the Council has properly considered the question. The Council’s response shows that the matter has been considered, after taking into account views, speed limits and the effect of the height of the fence. Its conclusion is not therefore one the Ombudsman can question.
7. Any infringement upon the private road by the fence is a private matter and not for the Council.

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Final decision

8. 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