Summary: Miss X complained the Council has taken no formal enforcement action after she had reported that her neighbour had not built his extension according to the approved plan. The Ombudsman will not investigate this complaint. This is because it is unlikely that we would find fault in how the Council reached its decision.

The complaint

1. Miss X complained the Council has taken no formal enforcement action after she reported that her neighbour had not built his extension according to the approved plan.

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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)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Miss X, which included correspondence between her and the Council. Miss X will now have an opportunity to comment on my draft decision. I will consider her comments before making a final decision.

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What I found

Background

5. In July 2019 Miss X complained to the Council about her neighbours’ extension.
6. She said her neighbour did not build the extension following the approved plans.
7. Miss X raised concerns over the roof detail, installation of roof lantern, scale of the works and position air source heat pump. She said that the works were not complaint with the current legislation and she highlighted that to the Council.
8. Miss X also complained that the outbuilding her neighbour constructed was not compliant with the approved plans. She said that because of the size of the building it should be subject to planning permission.
9. In August 2019 the Council replied to Miss X explaining its position and confirming there would be no formal enforcement action taken as the Council did not consider the issues she raised to be expedient.
10. Miss X contacted the Council again asking for further explanation, and a site inspector agreed to visit the neighbours’ property to assess the extension.
11. After a visit to Miss X’s neighbours’ property the Council agreed and informed Miss X of its view that the neighbour should move the air source heat pump.
12. The neighbour moved the pump to a position agreed with the Council, and the Council took no formal enforcement action against him.
13. In November 2019 Miss X formally complained to the Council as she did not agree with the action taken thus far.
14. In January 2020 the Council provided a detailed response to Miss X and it explained the considerations it made when it decided not to take any formal enforcement action against her neighbour.
15. The Council reiterated its position in stage two reply it sent to Miss X in February 2020.
16. Miss X remained unhappy with the answers the Council gave her and in August 2020 she complained to the Ombudsman.

Assessment

17. I understand that Miss X is not happy with the replies provided by the Council, however it has explained in detail what considerations it made before deciding not to take any formal enforcement action.
18. The Council confirmed it considers the issues Miss X raised would have no adverse impact to the residential amenity of her property and they met best practice requirements.
19. I understand that Miss X is not happy with the noise the Air Source Heat Pump generates, but any concerns of noise pollution should be reported to the Environmental Health team at the Council for its consideration if the noise amounts to statutory nuisance.
20. The Council also explained that after Miss X’s neighbour moved the source heat pump the new position overcame the negative impact on her residential amenity.
21. Planning enforcement action is discretionary, and before deciding to enforce Councils must decide if it would be expedient to do so.
22. In this case, the Council has shown its considerations and eventually decided that formal enforcement action against Miss X’s neighbour would not be expedient. This is in line with Councils statutory duty. It is unlikely that we would find fault in how the Council reached that decision.
23. I understand that Miss X disagrees with the Council’s decision but the restrictions in paragraph 2 apply to this complaint.

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Final decision

24. The Ombudsman will not investigate this complaint. This is because it is unlikely that we would find fault in how the Council reached its decision.

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Investigator's decision on behalf of the Ombudsman