Summary: We will not investigate this complaint about the Council’s investigation of reports of breaches of planning control on the complainant’s property. We have seen no evidence of fault in the Council’s actions.

The complaint

1. The complainant, I shall call Mr X, says the Council is harassing him by investigating breaches of planning control which do not exist.
2. He also complains the Council has failed to take enforcement action against an unauthorised earth bund.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. Government guidance says: “Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.” (National Planning Policy Framework July 2021, paragraph 59)
7. The Council says it received reports of breaches of planning control on Mr X’s property. It confirms Mr X’s barn conforms with planning permission for location and size. However, it has Georgian style windows which are not present on the approved plans. It also has a domestic interior. There are questions whether it will be used for agricultural purposes.
8. The Council is entitled to investigate reported breaches of planning control.
9. It has not served an enforcement notice against a neighbouring landowner for an unauthorised earth bund. The Council says it is aware of a landownership dispute on the site and is waiting for this to be resolved so it can correspond with the undisputed owner.

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Final decision

10. We will not investigate Mr X’s complaint because we have seen no evidence of fault in the Council’s investigation of reported breaches of planning control.

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Investigator's decision on behalf of the Ombudsman