Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement matter. This is because the issue does not cause him significant injustice.

The complaint

1. The complainant, Mr X, complains the Council has failed to take proper enforcement action against his neighbour for a breach of planning control. He says that as a result he overlooks a half-built property and the situation may impact on the saleability of his home.

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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)

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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. The Council confirms it intends to take further action to pursue compliance with its enforcement notice and that it is actively recruiting for a new enforcement officer to take the case on. While this is clearly taking longer than it should the delay has not caused Mr X significant injustice. The part-built structure is no more impactful than what stood on his neighbour’s property before and does not affect light or privacy to his property.
6. Mr X is clearly unhappy at looking out onto an unauthorised structure but there is no right to a clear or unobstructed view. And even if the Council took further action to remove the structure there would be nothing to stop Mr X’s neighbour from putting other items or structures on the land and starting the process again.

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Final decision

7. We will not investigate this complaint. This is because the Council’s actions have not caused Mr X significant injustice.

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Investigator's decision on behalf of the Ombudsman