Summary: Mr and Mrs X complain about the way the Council dealt with a planning application and subsequent enforcement. The Ombudsman will not investigate this complaint because the matter is out of time and there is no evidence of fault in the way the Council considered enforcement action.

The complaint

1. Mr and Mrs X complain about the way the Council dealt with a planning application and subsequent enforcement.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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 have considered the comments of the complainants and the Council and the complainants commented on the draft decision.

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What I found

5. The Council considered a planning application for a development next to the complainants’ house. The planning application was determined in September 2018. I consider any complaint about this planning application to be out of time for investigation and there are no grounds to disapply the rule above.
6. The complainants say that the house has not been built in accordance with the plans and is higher than was approved.
7. The Council says that a new planning application is being sought to see if the work as built should be authorised. Until that time, they say that any enforcement action is not appropriate.
8. 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.
9. Government guidance says formal enforcement action should be the last resort and councils are encouraged to resolve issues through negotiation and dialogue with developers.
10. There is no fault by the Council in seeking a retrospective planning application from the neighbour. If the Council decides that what is built is unacceptable they have enforcement powers they can consider.

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Final decision

11. I do not intend to investigate this complaint because the planning application is out of time and there is no evidence of fault by the Council in the enforcement complaint.

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Investigator's decision on behalf of the Ombudsman