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

The complaint

1. Mr X complains about the Council’s refusal to take planning enforcement action against a 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. (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 and Mr X’s photograph. The complainant has commented on the draft decision.

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What I found

4. Mr X’s neighbour obtained planning permission for an extension next to Mr X’s house. The side facing Mr X has not been finished and is currently exposed breezeblock. Mr X says that the plans show the wall to be made of brick.
5. The Council has made enquiries and has been told that the work has not yet been finished but will be rendered.
6. The Council says that no planning enforcement action would be taken at this stage because the work is due to be completed. The Council says that, if the wall is rendered, it is unlikely any enforcement action would take place because there was no specific condition on the planning permission requiring brickwork. It says that rendering would be unlikely to look out of place in the area so enforcement action would be unlikely.
7. The Council’s decision not to take action at this point until the builder has had a reasonable opportunity to finish the work is not fault as it has properly exercised its discretion. Any later decision as to the acceptability of rendering is speculative at this point and Mr X may make a separate complaint about the matter when the work is finished.

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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