Summary: We will not investigate this complaint about the Council deciding not to take enforcement action against an outbuilding. It is unlikely we would find fault by the Council has caused the complainant injustice that warrants our involvement.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council will not take planning enforcement action in response to an outbuilding on a neighbouring property.

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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’.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault;
• the fault has not caused injustice to the person who complained; or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

4. 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 that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I have considered what Mr B said in his complaint. The Council also provided background information which included its responses to Mr B’s concerns.

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What I found

Background – planning enforcement

6. Councils can take enforcement action if they find planning rules have been breached. However, they should not do this just because there has been a breach of planning control. The purpose of enforcement is to regularise development, not to prevent it. It is not a form of punishment.
7. Government guidance says:

“Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.” (National Planning Policy Framework July 2018)

Analysis

8. We previously considered a complaint from Mr B about the Council not taking enforcement action when the outbuilding was first constructed. We decided not to investigate the complaint because Mr B had not been caused any significant injustice. We will not reconsider the issues in that complaint.
9. Since Mr B’s earlier complaint, his neighbour has put guttering on the outhouse. The Council has considered whether this now warrants enforcement action and decided it does not. This was a decision for the Council to take and I have seen nothing to suggest fault in how the Council made it. However, even if this were not the case, I do not consider Mr B can have been caused significant injustice.

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Final decision

10. I have decided we will not investigate this complaint for the reasons set out in paragraph 9.

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Investigator's decision on behalf of the Ombudsman