Summary: Ms X complains about the Council’s decision not to take planning enforcement action. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Ms X complains about the Council’s decision not to take planning enforcement action.

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The Ombudsman’s role and powers

2. 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)

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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. The complainant had an opportunity to comment on my draft decision.

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My assessment

6. Ms X’s neighbour erected a fence alongside her front garden which reaches the highway. She asked the Council if it could be removed or reduced in height. The Council says that the neighbour does not need planning permission for a fence in this situation if it does not exceed one m in height. However, the height is approximately 1.5m in height.
7. A Planning Officer visited the site and a photograph was considered as evidence.
8. The Council say that, whilst planning permission would be needed, any enforcement action is discretionary and they do not consider that the fence causes sufficient harm to the streetscene or public safety to warrant such action.
9. 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.
10. Government guidance says formal enforcement action should be the last resort and councils are encouraged to resolve issues through negotiation and dialogue with developers.
11. I note the photograph shows the impact the fence could have upon Ms X when accessing her driveway. However, the Ombudsman could only question the Council’s judgement if there was administrative error in the way the decision was reached. In this case the Planning Officer visited and would be fully aware of the impact the fence would have upon Ms X. I am satisfied that the Council properly investigated the matter. In the absence of procedural fault, it is not for the Ombudsman to question the merits of the Council‘s decision.

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Final decision

12. I do not intend to investigate this complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman