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

The complaint

1. The complainant, whom I shall refer to as Ms X, has complained about how the Council dealt with her concerns about a possible breach of planning control.

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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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately.
6. The Ombudsman does not act as an appeal body against enforcement decisions. Instead, we consider if there was any fault with how the decision was made.
7. Ms X contacted the Council to complain a new air conditioning unit had been installed near her home and was blocking light to her property. The Council looked into Ms X’s concerns and requested further information from the site owner. However, it decided it was not expedient to take enforcement action. It said the new air conditioning unit was not in a materially different location to the previous unit and would not have a significant impact on the amenity of the neighbouring residents.
8. I understand Ms X disagrees with the Council’s decision not to take formal action to move the air conditioning unit. But the Council was entitled to use its professional judgement in this regard. As the Council properly considered if it was necessary to take enforcement action, it is unlikely I could find fault.

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Final decision

9. We will not investigate Ms 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