London Borough of Hammersmith & Fulham (22 002 974)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 24 Jul 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way the Council considered taking enforcement action to require the complaints neighbour to remove a satellite dish from their property. Further investigation is unlikely to lead to a different outcome.
The complaint
- The complainant, I shall call Ms D, complains the Council has failed to take enforcement action to require her neighbour to remove a satellite dish.
The Ombudsman’s role and powers
- 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by Ms D and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms D lives in a conservation area. Satellite dishes require planning permission.
- Her neighbour erected a satellite dish without planning permission. Ms D reported it to the Council.
- The Council opened a planning enforcement investigation. An Officer visited the site and confirmed a satellite dish was on the building and does not have planning permission.
- Officers contacted the owner and advised the dish must be removed.
- Following correspondence with the owner, the Council has confirmed it has asked the owner to remove the satellite dish several times.
- In response to my enquiry, the Council has confirmed it has served an Enforcement Notice. It has also written to the owner confirming prosecution proceedings will commence because the satellite dish remains in place.
Final decision
- We will not investigate Ms D’s complaint. I understand Ms D has found the time taken to require her neighbour to remove the dish frustrating. However, as the Council has confirmed it will start the prosecution process for failure to follow the Enforcement Notice, I do not consider further investigation will lead to a different outcome.
Investigator's decision on behalf of the Ombudsman