Summary: We will not investigate this complaint about how the Council dealt with a possible breach of planning control. This is because the complainant has not suffered any significant personal injustice.

The complaint

1. Mr X has complained about how the Council has dealt with a possible breach of planning control. He says there have been delays and the Council has failed to properly investigate his concerns.

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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 fault has not caused injustice to the person who complained, or
• 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 Mr 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 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. In this case, the Council says its enforcement investigation remains open and it will consider if it should take enforcement action. As the Council’s enforcement investigation has not concluded it is not yet possible to say if Mr X has suffered any significant injustice because of any alleged fault. This is because the Council may still decide the development is acceptable or that enforcement action is not necessary. Furthermore, as Mr X is not directly impacted by the alleged breach, I cannot say he has suffered any personal injustice because of any fault with the Council’s enforcement investigation.

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Final decision

6. We will not investigate Mr X’s complaint because he has not suffered any significant injustice.

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Investigator's decision on behalf of the Ombudsman