Summary: We will not investigate this complaint about the Council’s delay in addressing a planning breach at a property next to Mr X’s home. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

1. The complainant, who I refer to as Mr X, complains about the Council’s delay in taking enforcement action against a planning breach at a neighbour’s property. He wants the Council to take immediate action and to compensate him for its delay.

Back to top

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)

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council, including its response to his complaint.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X reported a planning breach by his neighbour to the Council in 2022 and the Council opened an enforcement case.
6. When Mr X complained about Council delays in taking against the breach, the Council acknowledged its delay and upheld his complaint. It confirmed it had recently been in touch with the neighbour to request the submission of a retrospective planning application and this has now been received.
7. There has been delay by the Council which it has acknowledged and apologised for. In accordance with normal procedures, the Council requested a retrospective planning application which has now been submitted and it will be determined in the usual way with Mr X able to submit his objections.
8. We do not investigate every complaint we receive and while there has been delay by the Council in dealing with this case, an investigation by the Ombudsman is unlikely to add to the investigation already carried out by the Council or lead to a different outcome.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman