Summary: We will not investigate this complaint about the Council’s handling of a reported breach of planning control. This is because any injustice is not significant enough to justify our involvement.

The complaint

1. Ms X complains the Council:
• Has not taken enforcement action against a resident in her local area for a breach of planning control; and
• Did not investigate her whistleblowing complaint properly.

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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 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 continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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 enforcement action is subject to statutory time limits. In this case, no enforcement action may be taken after 10 years from the date of the breach.
6. Ms X complained a resident breached planning control by changing the use of their land. The Council told Ms X any changes requiring planning permission occurred over 10 years ago so it could not now take enforcement action. However, Ms X says the Council knew about the breach within the 10-year time frame and did not act due to bias.
7. Any injustice to Ms X is limited because of the nature of the changes and the distance between the land and her property. And if Ms X knew about the breach within the 10-year time frame it was reasonable for her to report it for the Council to investigate and so avoid any future injustice.
8. Ms X is unhappy with the Council’s investigation into her whistleblowing complaint. However, any injustice is not significant enough to justify our involvement, for reasons given above.

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Final decision

9. We will not investigate Ms X’s complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman