Harrogate Borough Council (21 012 494)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 10 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s failure to take planning enforcement action against his neighbour. This is because there is no evidence of fault by the Council and the injustice he claims is the result of his neighbour’s actions rather than those of the Council. The issues Mr X raises are primarily private civil matters and Mr X may wish to seek legal advice about making a claim against his neighbour at court.
The complaint
- The complainant, Mr X, complains the Council has failed to take action against his neighbour for stealing part of his land and raising its level.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- If Mr X believes his neighbour has stolen part of his land he may wish to seek legal advice about making a claim against his neighbour. The Council has explained the issue is not a planning matter and it is unable to take action to protect his private property rights.
- The Council has visited Mr X’s property and that of his neighbour and has explained that because the ground level was raised more than four years ago it cannot take any formal action against his neighbour. There is no evidence of fault in the way this decision was made and we cannot therefore criticise it. While Mr X believes the work required notification under the Party Wall Act 1996 due to its proximity to the boundary with his property it is not the Council’s role to enforce the requirements of the Act.
Final decision
- We will not investigate this complaint. This is because there is no evidence of fault by the Council and the injustice Mr X claims stems from the actions of his neighbour, against whom he may have a private-law remedy.
Investigator's decision on behalf of the Ombudsman