Summary: We will not investigate this complaint about actions carried out by the Council in relation to Mr X’s complaints about the works and materials used by his neighbour when constructing a driveway. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complained the Council failed to carry out a proper investigation into the works and materials used by his neighbour to construct a driveway.
2. Mr X said he has been caused distress because he is worried about flooding as a result of his neighbour’s work.

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The Ombudsman’s role and powers

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

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action.
7. In this case the Council investigated Mr X’s concerns and initially decided the works could be carried out under permitted development rights. After Mr X escalated his complaint, the Council undertook further investigations and decided his neighbour needed planning permission for the work he had carried out. It invited the neighbour to make a retrospective planning application to regularise the development. It has told Mr X that if the neighbour does not submit an application, it will decide whether it is necessary to take planning enforcement action. The Council explained the type of issues it would take into account when coming to that decision. As the Council properly considered the development and took appropriate action, it is unlikely I would find fault.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman