Summary: Mr X complains about lack of planning enforcement action against a neighbouring development. We will not investigate this complaint because we cannot determine injustice until the planning application had been determined.

The complaint

1. Mr X complains about lack of planning enforcement action against a neighbouring development.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any 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))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I have considered Mr X’s comments on the draft decision.

Back to top

My assessment

6. Mr X says that the building next door to him has operated without planning permission. He says, for example, that lights have been erected which have caused him a nuisance.
7. The Council contacted the neighbouring owner and a new planning application has been submitted which will determine whether or not the unauthorised development would receive planning permission.
8. Mr X has the opportunity to object to the planning application. He may make a new complaint to this office if the planning application is refused and no enforcement action is taken.
9. I appreciate that he is unhappy with the time taken to reach this point but no assessment of injustice can be made until the planning application is determined.

Back to top

Final decision

10. I do not intend to investigate this complaint because no injustice can be said to occur until the planning application has been completed.

Back to top

Investigator's decision on behalf of the Ombudsman