Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because we are unlikely to find fault.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about the Council’s decision not to take enforcement action against his neighbour for a breach of planning control. Mr X says his privacy has been affected and the Council has allowed his neighbour to take possession of land he does not own.

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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.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately.
6. The Ombudsman does not act as an appeal body against enforcement decisions. Instead, we consider if there was any fault with how the decision was made.
7. After Mr X reported the planning breach to the Council, it visited the site and wrote to the developer inviting them to make an application to regularise the development. The Council did not receive a retrospective planning application. However, it decided it would not be expedient to take formal enforcement action. It said the breach was minor and did not conflict with its adopted policy. I understand Mr X disagrees, but the Council was entitled to use its professional judgement in this regard. Councils also do not need to take formal action just because there has been a breach of planning control. As the Council properly considered if it was necessary to take enforcement action, it is unlikely I could find fault.
8. Mr X has also complained the Council allowed his neighbour to take possession of land which he does not own. However, it is not for the Council to get involved in land ownership disputes and this will be a private civil matter between Mr X and his neighbour.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman