Summary: Mr X complains about delay by the Council in taking planning enforcement action. We will not investigate this complaint because there is no evidence of fault by the Council causing significant injustice.

The complaint

1. Mr X complains about delay by the Council in taking 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 says that a neighbour (who had previously complained about his building) had installed plastic doors and windows without planning permission. The neighbour had appealed in February 2021 against an enforcement notice issued by the Council. The Planning Inspector rejected the appeal in July 2021.
7. The Council has since corresponded with the neighbour to seek compliance and was told in April 2022 that the neighbour had obtained estimates for the work.
8. 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.
9. The Council served an enforcement notice and has pursued the neighbour to ensure compliance with the law. Whilst this has taken some time, the Council considered further enforcement but decided that it was unwarranted at this point. That was a judgement the Council could make based upon the effect upon Mr X’s amenity.
10. I am satisfied therefore that there has been no administrative fault by the Council in this matter.
11. Further, it is not clear what specific personal injustice is caused to Mr X by this delay which would warrant investigation.

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Final decision

12. I do not intend to investigate this complaint because there is no fault by the Council causing significant injustice to Mr X.
     

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Investigator's decision on behalf of the Ombudsman