Summary: There is no fault in the Council’s response to recent complaints about developments that have not been built as shown on the planning permission. The Council has told Ms X that two of the developments are immune from planning enforcement action as they gained permission in 2011. The developers of the other garage have been reminded to complete it as shown on the approved plans.

The complaint

1. The complainant, Ms X, is represented by her daughter Miss Y. Ms X complains about several planning enforcement issues near her home. Ms X complains the Council has not clearly explained whether the garage at a neighbour’s property has been built in accordance with the approved plans, in terms of its size and finish.
2. Ms X also complains the Council has not clearly explained why it does not intend to take enforcement action over an unauthorised window in an extension in a neighbour’s property.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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 an organisation’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)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I read the papers put in by Ms X and discussed the complaint with Miss Y.
7. I considered the Council’s comments about the complaint and any supporting documents it provided.
8. Ms X, Miss Y and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

9. Ms X complains about three issues relating to planning enforcement. Council’s do not have to take enforcement action if a development does not comply with the approved plans, it is discretionary. In most cases, development becomes immune from enforcement if no action is taken:
• within 4 years of substantial completion for a breach of planning control consisting of operational development;
• within 4 years for an unauthorised change of use to a single dwellinghouse;
• within 10 years for any other breach of planning control (essentially other changes of use).

These time limits are in section 171B of the Town and Country Planning Act 1990.

Unauthorised window

10. The Council has said that Ms X has not complained to the planning enforcement officer the window is unauthorised. The unauthorised window is in an extension that got planning permission in 2011.
11. Ms X says that she was not aware the window did not have planning permission until 2021. The Council has said it investigated a complaint about the matter in 2018 from another resident. It decided the extension was in broad accordance with the 2011 planning permission except for an additional window and use of stone in place of metal railings. The enforcement officer decided in 2018 it would not be expedient to pursue enforcement action due to the location and distance from adjacent dwellings.
12. I can find no evidence of fault in the Council’s response. It has never had a formal complaint from Ms X about the window, so there is no reason for it to have investigated prior to her official complaint. The Council explained in its response to her official complaint that an enforcement officer has visited the site previously and decided not to take enforcement action. So, I would not expect the Council to reinvestigate the matter now, especially as the Council gave planning permission in 2011 and so the matter is not within time for the Council to take enforcement action.

Garage 1

13. The Council gave planning permission in 2011 for a new detached garage to be built on an area of land to the side of Ms X’s house. Ms X complains the garage has not been built as shown on the approved plans.
14. The Council says the enforcement officer visited in 2014 and found the garage was smaller than the size on the plans. The Council closed the file in March 2015 as the garage was still under construction.
15. Ms X complained about the garage in 2021. She complains the finish is breeze block rather than pebbledash as shown on the approved plans. The Council has said that as the garage had now been in place for over 8 years it has become immune from enforcement action. I can find no fault on the Council’s response on this point as the development has been substantially complete since 2014 so the Council cannot take enforcement action. It has responded to Ms X’s complaint to tell her of this so I cannot find any fault in its response to her complaint.

Garage 2

16. The Council granted planning permission in 2018 to increase the size of an existing garage, further away from Ms X’s property. The Council has said that a site visit has shown the works were proceeding in accordance with the approved plans and they have reminded the owner to ensure the development is completed in accordance with the approved plans.
17. Again, I can find no fault in the Council’s response. It has investigated the complaint and has found no current breach of planning control. If Ms X wishes to make a further complaint once the development is complete about a specific issue. I.e. if the render is not completed as shown on the approved plans then she can make a new complaint. But I would not expect the Council to routinely monitor a development once it has determined the works were progressing in accordance with the plans.

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Final decision

18. I have completed my investigation of this complaint. There is no fault in the Council’s response to recent complaints about enforcement of planning permission, especially as two of the developments got permission in 2011 and so are immune from enforcement action. This complaint is not upheld.

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Investigator's decision on behalf of the Ombudsman