Summary: We will not investigate this complaint about the Council’s handling of a planning enforcement case and associated planning application. There is not enough evidence of fault in the way the Council reached its decisions on these matters, and it has apologised for failing to update the complainant about what was happening.

The complaint

1. Miss X says the Council failed to take appropriate action against a structure erected in a neighbouring garden.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we are satisfied with the action the Council has already taken in response to the complaint.

(Local Government Act 1974, section 24A(6) & (7), as amended, section 34(B))

3. We can 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 Miss X and the Council, which included their complaint correspondence.
• information about the planning application for the structure.
• the Ombudsman’s Assessment Code.

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My assessment

5. I appreciate Miss X is unhappy about the structure erected in the neighbouring garden, and thinks the Council should have taken action to have it removed.
6. But the Ombudsman does not provide a right of appeal against the Council’s decisions. Rather, our role is to review the way these decisions are made, and to consider if any fault in the process is likely to have affected the outcome.
7. Councils can take enforcement action if they find planning rules have been breached. However, councils should not take enforcement action just because there has been a breach of planning control. Enforcement is discretionary and formal action should happen only when it would be a proportionate response to the breach. Instead, councils may decide to take informal action such as requesting the submission of a planning application so they can formally consider the planning issues. The Council was therefore entitled to invite Miss X’s neighbour to submit a planning application for the structure.
8. With regard to the Council’s consideration of the neighbour’s planning application, I find there is not enough evidence of fault to justify investigating this part of the complaint. In reaching this view, I am mindful that:
• The Council says it publicised the application by sending notification letters to neighbouring properties. We cannot hold the Council responsible for any errors by Royal Mail in delivering the letter.
• The delegated report demonstrates the Council considered the impact on Miss X’s amenity when deciding the application.
• Local opposition or support for a proposal is not in itself a ground for refusing or granting planning permission.
• Any concerns about access or land ownership are private, civil matters between Miss X and her neighbour, and are not relevant to the assessment of a planning application.
9. I note the Council accepts it did not update Miss X about the progress of her enforcement case. But its apology was a satisfactory way to address this error, so we will not pursue this part of the complaint further.

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Final decision

10. We will not investigate Miss X’s complaint because:
• there is not enough evidence of fault in the way the Council made its decisions on the enforcement case and planning application,
• the Council has apologised for failing to communicate with her about its decisions on the enforcement case.

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Investigator's decision on behalf of the Ombudsman