Summary: Ms X complains that the Council will not take planning enforcement action against a neighbour. We will not investigate this complaint because there is no evidence of fault by the Council or significant injustice to warrant investigation.

The complaint

1. Ms X complains that the Council will not take enforcement action against a neighbour.

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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. Ms X’s neighbour carried out work to their property in accordance with planning permission. However, Ms X says that the work has not been carried out properly and the property should have tiles fitted on the wall with a different colour render.
7. The Council considered enforcement action but decided that it was not expedient to carry out such action. The Council says that there was insufficient detrimental visual impact to local amenity to justify legal action.
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. I am satisfied that the Planning Officer was fully aware of the impact of the development on Ms X’s amenity and other neighbours. There is no obligation on the Council to take such action and I consider the Council’s decision to be a professional judgement without administrative fault. Ms X's dissatisfaction lies with the merits of the Council's decision but, in the absence of fault, the Ombudsman cannot criticise the Council's decision.
10. Further, I am not satisfied that the impact on Ms X’s amenity (the injustice) to warrant investigation by the Ombudsman.

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Final decision

11. I do not intend to investigate this complaint because there is no evidence of fault by the Council causing significant injustice.

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Investigator's decision on behalf of the Ombudsman