Summary: We will not investigate this complaint about the Council’s decision not to take planning enforcement action against breaches of planning control which are affecting Ms X’s amenity. 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 that although the Council has recognised that planning control breaches are taking place at a development site close to her property, it has told her it will not take enforcement action to address them.

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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 and the Council, including its 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 it has failed to take enforcement against planning breaches at a development site close to her property despite providing clear evidence of them.
7. The Council considered matters but decided it is not expedient to take enforcement action, taking into account that the development is due to be completed in the near future and that any continuing breach will likely have ceased before any formal action could be completed. It explained the basis on which it makes “expediency” decisions and why it has closed the enforcement case.
8. While this is a disappointing decision for Ms X, it is not our role to act as a point of appeal. We cannot question decision councils make if they have followed the right steps and considered the relevant evidence and information. There is no evidence to suggest fault has affected the Council’s decision here.
9. In response to my initial enquiries the Council has advised that the continuous use of the access track with which Ms X has been concerned is no longer needed and that it will continue to monitor the development.

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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