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

The complaint

1. Mr X complains about the Council’s failure to take planning enforcement action.

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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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. I considered the complainant’s comments on my draft decision

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My assessment

6. Mr X previously complained to the Ombudsman about unauthorised development next to his home. The neighbour submitted a retrospective planning application which was refused. However, a new retrospective planning application has been submitted which has not yet been determined.
7. 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.
8. Government guidance says formal enforcement action should be the last resort and councils are encouraged to resolve issues through negotiation and dialogue with developers.
9. Councils are advised to seek a retrospective planning application from a developer to see if the development would be considered acceptable before serving an enforcement notice. The Ombudsman would not therefore be critical of the Council for doing so.
10. I appreciate Mr X is frustrated by the delay but he will have the opportunity to object to this planning application and make a complaint if the planning application is granted.

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Final decision

11. 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