Summary: Mr X complains that the Council refuses to take planning enforcement action against a developer. We will not investigate this complaint because there is no evidence of fault by the Council and the matter is out of time.

The complaint

1. Mr X complains that the Council refuses to take planning enforcement action against a developer.

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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, 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

3. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

4. Mr X says that a developer carried out construction activity in 2019 before the hours allowed in the planning permission which caused him nuisance.
5. The Council’s Enforcement Officer visited the site and noted that construction started 15 minutes earlier than that permitted in the planning permission. The Council concluded that it was not expedient to warrant enforcement action.
6. 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.
7. I am satisfied that the Council was fully aware of the facts after investigation. Mr X's dissatisfaction lies with the merits of the Council's decision but, in the absence of fault, the Ombudsman cannot criticise the Council's decision. Further I see no reason why a complaint about actions in 2019 could not have been made to this office within 12 months. The complaint is therefore out of time

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Final decision

8. I do not intend to investigate this complaint because there is no evidence of fault by the Council and the matter is out of time.

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Investigator's decision on behalf of the Ombudsman