Summary: Ms X complains about the failure of the Council to take planning enforcement action regarding a listed building. We will not investigate this complaint because there is no evidence of fault by the Council causing significant personal injustice to Ms X. Part of the complaint is also out of time.

The complaint

1. Ms X complains about the failure of the Council to take enforcement action regarding a listed building.

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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 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

4. I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.

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What I found

5. Ms X says that a property she has visited on occasion has been altered in contravention of planning laws. She says that the owner of the land removed protected trees and built a wall without planning permission.
6. Ms X complained to the Council in August 2018. The Council investigated the complaint and concluded that the wall was unlikely to have been over two metres in height (which would have required planning permission).
7. The Council investigated the question of the damage to the trees. They concluded that the trees had been damaged by animals and so any planning enforcement would not be warranted.
8. Whilst the Council properly investigated these matters, I am not persuaded that there are grounds to disapply the 12 month rule in this matter and so the complaint is out of time.
9. The Council also investigated whether a wall had been erected without planning permission. They concluded that the wall required Listed Building Consent and have sought a planning application from the owner.
10. The Council acted without fault in seeking a planning application for the wall.
11. We will not however pursue any complaint about delay in enforcing the need for planning approval for the wall as Ms X is not caused a significant personal injustice by the Council’s actions or inactions as she does not live near the land in question.

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Final decision

12. I do not intend to investigate this complaint because there is no evidence of fault causing significant personal injustice to Ms X.
     

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Investigator's decision on behalf of the Ombudsman