Summary: Mr X complains about lack of planning enforcement action by the Council. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mr X complains about lack of planning enforcement action by the Council.

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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. Mr X says that a neighbouring business has carried out hard core works on an area of scrubland near his property. He says that this was noisy and dusty.
7. The Council Planning Officer visited and advised the owner to submit a planning application to seek authorisation for the work. A planning application has been submitted and awaits a decision.
8. 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.
9. Government guidance says formal enforcement action should be the last resort and councils are encouraged to resolve issues through negotiation and dialogue with developers.
10. Until the planning application is determined the Council cannot take enforcement action; nor can the Ombudsman conclude the effect of the Council’s action on Mr X.
11. Mr X says that the Council could have served a temporary stop notice to prevent any disturbance whilst the planning application was being considered.
12. The Council says that they considered this, but the work had nearly been completed and the laying of the hardstanding was likely to be acceptable in planning terms.
13. I am satisfied that the Council considered enforcement action and a stop notice. However, as there is no evidence of administrative fault in the way the Council considered their powers the Ombudsman cannot criticise their decisions.

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Final decision

14. 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