Summary: We will not investigate this complaint about the Council’s handling of a reported breach of planning control. This is because there is not enough evidence fault to justify a further investigation.

The complaint

1. Mr X complains the Council has not taken enforcement action against his neighbour for a breach of planning control.

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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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says his neighbour breached planning control by adding a dormer extension higher than the roofline of the building.
7. The Council says it conducted a site visit, took measurements, and considered photographic evidence. It found the development was not higher than the existing roofline. As it found no evidence of a breach it did not consider enforcement action. There is no evidence of fault in its decision making and so we cannot question the outcome.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman