Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement matter. This is because there is not enough evidence of fault affecting its decision.

The complaint

1. The complainant, Mr X, complains the Council failed to take appropriate action to deal with a breach of planning control by his neighbour.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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

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

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My assessment

6. The Council accepts Mr X’s neighbour has carried out development which would ordinarily require planning permission. But there is no duty or obligation for the Council to take formal enforcement action in every case. The Council must consider the extent of any breach and its impact in deciding whether it should take formal action.
7. The Council has visited Mr X’s property and while Mr X is unhappy with the way the visit was conducted, the officer saw his neighbour’s development and their measurements of the extent of the breach are broadly in line with Mr X’s. The Council has explained that altering the development to comply with what is allowed without the need for planning permission would not, in its view, significantly reduce its impact and it is not for us to question its judgement on this point.

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Final decision

8. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman