Summary: We will not investigate this complaint about a planning enforcement matter. This is because the Council has not completed its enforcement investigation yet. This means it is too early for us to consider this complaint in detail.

The complaint

1. The complainant, who I will refer to as Mrs B, complains that changes have been made to a house close to her home that do not benefit from planning permission. Mrs B complains the Council has delayed investigating the matter and has failed to take enforcement action. Mrs B says the property now has a large extension which overlooks her home. Mrs B would like the Council to take enforcement action so the development is in line with the plans approved by the Council.

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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.
3. We can decide whether to start an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered information provided by Mrs B and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council says it has approved some of the unauthorised changes to the development when it approved a Non material amendment application put in by the applicant. But, the Council says, its planning enforcement investigation has not been concluded yet. The applicant has put in a further planning application to regularise some of the breaches of planning control at the site. The Council has not decided this planning application yet.
7. I find it is too early for the Ombudsman to investigate Mrs B’s complaint. This is because the Council’s planning enforcement investigation has not been concluded yet.
8. Until this investigation has been completed, we cannot assess whether there was fault by the Council or whether any fault has caused Mrs B a significant injustice.
9. Mrs B may complain to us again once the Council has completed its enforcement investigation.

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Final decision

10. We will not investigate Mrs B’s complaint because it is too early to investigate the matters complained about.

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Investigator's decision on behalf of the Ombudsman