Epsom & Ewell Borough Council (23 008 759)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 17 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to investigate a report of a breach of planning control. The Council confirms there is an open investigation. Therefore, further investigation by the Ombudsman will not lead to a different outcome.
The complaint
- The complainant, I shall call Mrs X, complains the Council has failed to investigate or act on her report of a breach of planning control by her neighbour.
- She wants the Council to deal with her concerns.
The Ombudsman’s role and powers
- 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X made several complaints to the Council about development at her neighbour’s property.
- The Council wrote to Mrs X confirming it cannot deal with her concerns about:
- land grabbing
- erection of fencing
- attaching fencing to her wall
- blocking a window; and
- damp issues.
- I have seen no evidence of fault in the way the Council responded to these concerns as they are civil matters between Mrs X and her neighbour.
- In response to my enquiries the Council confirms it investigating the erection of a framework to support pleached trees is ongoing. It is currently waiting foe information from the neighbour.
Final decision
- We will not investigate Mrs X’s complaint because the Council confirms there is an open investigation into Mrs X’s concerns about the support for the pleached trees. Further investigation by the Ombudsman will not lead to a different outcome. If Mrs X remains dissatisfied with the way the Council carried out its investigation and the outcome, she may make a new complaint to the Ombudsman.
Investigator's decision on behalf of the Ombudsman