Summary: We will not investigate this complaint about how the Council dealt with a possible breach of planning control. This is because it is unlikely we would find fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council investigated a possible breach of planning control. Mr X says the enforcement officer visited his property without warning and entered his garden without permission. Mr X also says the officer failed to properly explain what the enforcement complaint was about.

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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. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. Planning authorities may take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has carried out development without the required permission. When there is a suspected breach of planning control, the Council should carry out a proportionate investigation to decide if there has been a breech and if formal action is needed.
5. Mr X says the Council should have notified him in advance that it would be visiting his property and the enforcement officer entered his garden uninvited. But there was no requirement for the Council to give Mr X advance warning of the site visit and the Council has the power under the Town and Country Planning Act to enter land to decide if there has been a breach of planning control. Therefore, it is unlikely I could find fault by the Council.

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Final decision

6. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman