Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action in relation to a planning breach. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Ms X complains the Council has failed to enforce a planning condition attached to a neighbour’s planning permission with the result that she and her family are unable to park easily on their own land.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant, including the Council’s response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained to the Council that its failure to enforce a condition attached to a neighbour’s planning permission had resulted in difficulties for her and her family to park on their own land. She said the neighbours were parking on her land instead of their own leaving her family with no room to park themselves.
7. The Council explained to Ms X that the issue of the neighbours parking on Ms X’s property was a civil matter with which the Council was not involved.
8. It acknowledged there had technically been a planning breach but that having considered the matter it decided it was not expedient to take enforcement action.
9. It is not our role to act a point of appeal against decisions made by councils with which complainants disagree. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. While the Council’s decision is disappointing for Ms X, there is no evidence to suggest fault affected it.

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Final decision

10. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman