Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action against a breach of planning control. There is insufficient evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mr X complains the Council misinformed him, failed to follow planning law, and failed to consult him about a breach of planning control.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint about the start of court action or what happened in court.

(Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

4. 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))

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How I considered this complaint

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

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My assessment

7. Several years ago, Mr X asked the Council about changes his neighbours wanted to make to their shared boundary which would affect the planning permission for his property. The Council advised changes would require an application under section 73 of the Town and Country Planning Act. No application was made.
8. Sometime later, Mr X and his neighbour engaged in court action regarding their boundary and trespass. Mr X says he relied on the council’s advice and the Court found against him.
9. The Council confirms it advised Mr X and his neighbour that a change to the boundary location would require planning permission. However, it said it is not expedient to take action against a breach of planning control, should the boundary be changed without permission. It explained this was because the changes did not cause sufficient harm in planning terms.
10. The Council is entitled not to take enforcement action against a breach of planning control caused by changes to the boundary. It is satisfied this does not cause significant planning harm. The Council, as local planning authority, is not concerned with land ownership.
11. Mr X has been engaged in legal action with his neighbour.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman