North Somerset Council (20 008 162)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 22 Dec 2020
The Ombudsman's final decision:
Summary: Mr X complains that the Council refused to take enforcement action against a neighbour. We will not investigate this complaint because there is no evidence of fault by the Council.
The complaint
- Mr X complains that the Council refused to take enforcement action against a neighbour.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.
What I found
- Mr X’s neighbour was granted planning permission for a two storey extension. Mr X says that the property was built without complying with the conditions placed on the planning permission. He says that a window facing his property was supposed to be obscure glazed and non-opening, which was not the case when built.
- The Council investigated and an officer confirmed that the window had been screwed shut and a plastic film applied to the window to make it obscure glazed. The Council says that, whilst not strictly in accordance with the planning condition, the loss of amenity to Mr X did not warrant enforcement action as the window could not be seen through or opened.
- Mr X says that the film could be removed. The Council says that, if that were the case, enforcement action could be taken up to ten years after the date of the breach.
- I am satisfied that the Council properly investigated the breach. Their conclusion not to take action was made without fault and so the Ombudsman cannot be critical of that decision.
Final decision
- I do not intend to investigate this complaint because there is no evidence of fault.
Investigator's decision on behalf of the Ombudsman