Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a planning enforcement matter. This is because it is unlikely we could achieve any worthwhile outcome for Mrs X by investigating the matter now.

The complaint

1. The complainant, Mrs X, complains the Council has failed to take planning enforcement action against her neighbour. She says the development built overlooks her property and impacts on her and her family.

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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. The Council has investigated Mrs X’s reports of unauthorised development and confirms breaches of planning control by her neighbour. It has invited a retrospective application to regularise the development but is still waiting for the neighbour to submit their application. Meantime it has considered the impact of the development and negotiated with the neighbour to take measures to reduce it. It considers these measures are sufficient to remove any harm caused by the development and has therefore decided not to take formal action at this stage.
6. The Council’s view and its decision not to take formal action are matters of professional judgement and I have seen no basis to question them. We cannot therefore say the Council is wrong not to take formal action or that the injustice Mrs X claims is the result of any fault by the Council.
7. It is clear the process has taken longer than Mrs X would like and the fact it remains unresolved is not ideal but planning enforcement matters do take time and we could not say any delay by the Council has caused Mrs X and her family to live with the development for longer than they should. This is because the Council considers any issues with the development itself are minor and that it may grant planning permission with few changes once the neighbour submits a valid application.
8. If the Council refuses planning permission as a result of the impact on Mrs X’s property, or if it grants planning permission without considering it, Mrs X may make a new complaint and we will consider whether to investigate it. But it is unlikely we could achieve any worthwhile outcome by investigating the matter now, based on the information currently available.

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Final decision

9. We will not investigate this complaint. This is because it is unlikely we could achieve any worthwhile outcome for Mrs X. The Council has taken appropriate action to address the impact of the unauthorised development on Mrs X and her family and its decision not to take formal action is a matter of professional judgement which we cannot question.

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Investigator's decision on behalf of the Ombudsman