Summary: We will not investigate this complaint about the Council’s handling of a planning enforcement matter. We do not consider the complainant has suffered a significant personal injustice.

The complaint

1. The complainant, I shall call Mrs X, complains the Council has failed to take enforcement action against the conversion of a stable into a bungalow.

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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. 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)

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How I considered this complaint

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

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My assessment

5. Where someone reports a possible breach of planning control to their local planning authority, the authority (in this case the Council), should investigate and decide what action to take. Depending on the extent of the breach and its impact the Council may decide not to take any action. Or it may take formal enforcement action or it may invite a retrospective planning application to determine if the development as built is acceptable.
6. Mrs X is unhappy the Council has not resolved her concerns about the conversion of stables to a bungalow in the village where she lives. But from the evidence I have seen the Council has investigated the issue. Also, the owner has also submitted at least two planning applications and appealed against the Council’s refusals.
7. The owner has now submitted a retrospective application to use the building for storage. The Council is in the process of determining this latest application. Mrs X can object to the proposal and the planning officer must take her objections into account, but we would not expect the Council to respond to her objections directly.
8. Councils can only consider ‘material’ planning issues in deciding an application for planning permission and deciding whether to take formal enforcement action for breaches of planning control. These include issues such as:
• the impact of development on neighbour amenities such as privacy and loss of light; and
• compliance with local and national planning policies.

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Final decision

9. We will not investigate this complaint as we do not consider Mrs X has suffered a significant personal injustice because of the Council’s actions. I understand she is concerned about unauthorised development in her village. However, she does not live close to the development site and is not personally affected by issues such overlooking or loss of privacy.
10. The Council has yet to decide whether to grant permission for the latest planning application. The Council will have to consider whether to take formal enforcement action if the application is refused.

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Investigator's decision on behalf of the Ombudsman