Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against a planning breach. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, complains the Council has failed in its duty to take enforcement action against a planning breach by his neighbour whose development is affecting his property.

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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)
3. We provide a free service but must use public money carefully. We do not start 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

4. I spoke to Mr X and considered the information he and the Council provided.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X reported to the Council that his neighbour had built a structure for which he had no planning permission. The Council obtained a retrospective planning application and granted permission, subject to certain conditions concerning the plans and use of materials. The neighbour has now submitted a further application to retain what has been built and this has yet to be decided by the Council.
7. Mr X complained to the Council about its failure to take enforcement action and about its handling of the case. The Council explained the process it had followed and that it would decide whether it was expedient to take enforcement action to address any planning breach. It also explained boundary issues and damage to Mr X ‘s property are civil law matters which it would not get involved in.
8. While I understand Mr X’s frustration, there is no evidence to suggest fault affected the decisions taken by the Council. It followed normal procedures in seeking an application to regularise what has been built and it will determine the outstanding application, having considered Mr X’s comments and objections.
9. We cannot question a decision a council makes if it follows the right steps and takes into account the relevant evidence and information. Councils are not obliged to take formal enforcement action against a planning breach and they will decide if it is expedient to do so based on the facts of each case.
10. Mr X says he believes racism and a personal relationship between his neighbour and Council officers have affected the Council’s handling of this case but I have seen no evidence to support this allegation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman