Summary: The Ombudsman will not investigate this complaint about how the Council investigated a possible breach of planning control. This is because it is unlikely he will find fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council investigated a suspected breach of planning control. He says enforcement officers unnecessarily visited his home and he believes he has been discriminated against by the Council.

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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 have considered the complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision and have considered the comments he has made in response.

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What I found

The Town and Country Planning Act 1990

4. Planning authorities may take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has carried out development without the required permission. It is for the Council to decide if there has been a breach of planning control and what, if any, enforcement action is necessary.
5. The Ombudsman would expect the local planning authority to carry out a proportionate investigation when there is a suspected breach of planning control.

What happened

6. In November 2019, an enforcement officer from the Council visited Mr X’s home after receiving reports about a possible breach of planning control. The enforcement officer told Mr X that someone had complained as they believed the outbuilding in his garden was being used for residential purposes. The officer inspected the property and found there were no grounds to take any further action.
7. Mr X has complained about the officer’s visit. He says the Council has been to his home on many occasions since 2015 in relation to planning applications and alleged breaches of planning control. Mr X argues that further visits would not have been needed had the officer carried out background checks after receiving the reports. Mr X also complains that the enforcement officers entered his garden without permission. Mr X says he has been harassed by the Council and believes it has only carried out the inspections because of his ethnic background. Mr X has also complained that the enforcement officer did not write to him following a visit as he said he would.

Assessment

8. I will not investigate Mr X’s complaint about the Council’s enforcement investigation as it is unlikely the Ombudsman would find fault.
9. When there is a suspected breach of planning control, the Council should carry out a proportionate investigation to decide if there has been a breach and if formal action is needed. Mr X says the Council should have been able to establish if there was a breach without going to his home based on its previous visits. However, the earlier visits related to different issues. It is also not unusual for officers to carry out site visits after receiving reports about a possible planning breach. Mr X has complained that enforcement officers entered his garden without permission. But they have the power to enter land to decide if there has been a breach of planning control. There is also no requirement to give advance notice unless entering a dwelling house. While I understand Mr X does not agree, it is unlikely I could say it was fault for the Council to investigate concerns about a possible planning breach.
10. Mr X has also complained the Council did not write to him following the visit. However, I can see the Council emailed Mr X with the outcome of its investigation and decision not to take further action in January 2020.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because it is unlikely he would find fault by the Council.

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Investigator's decision on behalf of the Ombudsman