Summary: Mr X complains that the Council has not taken planning enforcement action against a neighbour for running a business from a residential dwelling. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council causing significant injustice.

The complaint

1. Mr X complains that the Council has not taken planning enforcement action against a neighbour for running a business from a residential dwelling.

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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 have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,

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What I found

4. Mr X says that his next door neighbour has been operating a public entertainment equipment business without planning permission. The Council says officers have visited to assess whether planning permission is required but no evidence has been found of a change of use of the building such that planning permission is required.
5. 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.
6. I am satisfied that the Council has properly investigated whether planning permission was required. In the absence of fault, the Ombudsman would not be critical of the Council’s actions.
7. Mr X also complains that the neighbour has parked on the grass verge. The Council says it has investigated this but found no evidence of this. Again, I am satisfied that the Council has properly investigated this matter and so the Ombudsman would not investigate this.
8. Further, I am not persuaded that any significant injustice is caused to Mr X by the operation of the business or the parking such as to warrant investigation.

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Final decision

9. I will not investigate this complaint because there is no evidence of fault by the Council causing significant personal injustice.

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Investigator's decision on behalf of the Ombudsman