Summary: We will not investigate this complaint about how the Council dealt with a 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 has dealt with a breach of planning control at a site near her home. Ms X says there have been long delays and the Council has failed to take any action. Ms X says the unauthorised use of the site has a significant impact on her amenity.

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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 Ombudsman’s Assessment Code.

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My assessment

4. 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 or changed the use of a site 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.
5. 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.
6. In this case, the Council has looked into Ms X’s concerns and agrees there has been a breach of planning control. However, it has decided not to take further action at this stage. It says there are other breaches at the site and a retrospective planning application to regularise some of the issues is currently pending. Once this application has been determined the Council says it will consider if formal action is needed in relation to the unauthorised use of an agricultural building at the site.
7. Ms X says the retrospective application is unrelated to the breach she has complained about and the unauthorised use of the site is having a significant impact on her amenity. But it is for the Council to decide if formal enforcement action is necessary, and it has explained why it does not consider there is an immediate need to take action or that the unauthorised use is causing significant harm.
8. I understand Ms X disagrees. But the Council is entitled to use its professional judgement in this regard. Councils also do not need to take formal action just because there has been a breach of planning control. As the Council properly considered if it was necessary to take enforcement action at this stage, 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