Summary: We will not investigate Mr X’s complaint about the Council’s failure to take planning enforcement action against his neighbour. This is because the injustice Mr X claims stems from the actions of his neighbour, whom he believes has encroached onto his property, rather than any fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council has failed to take action against his neighbour for an alleged breach of planning control. He says his neighbour has built their extension partly on his property but the Council considers there is no breach of the approved plans.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. Planning control looks at the principle of development and whether aspects such as the design and impact are acceptable. Issues the Council can consider when dealing with planning applications and issues of planning control are referred to as ‘material planning considerations’. Other issues including private rights of access and property ownership are not material planning considerations; they are private civil matters.
5. Mr X is unhappy about his neighbour’s extension as he believes it encroaches onto his property. He considers this to be a breach of planning control as it has been built in the wrong place. But the Council has confirmed it does not consider there is a breach and that the issue is a private civil matter between Mr X and his neighbour.
6. The injustice Mr X claims stems from the position of his neighbour’s extension and the alleged encroachment onto his property; it is not the result of any fault by the Council. Even if the Council agreed the extension was in the wrong place it may decide not to take any formal enforcement action because the breach is minimal. Its role is not to protect Mr X’s property from encroachment so if Mr X believes his neighbour has built their extension partly on his land he may wish to seek legal advice about making a claim against the neighbour at court. This is not an issue for the Council to resolve.

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Final decision

7. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council or to show its actions caused Mr X significant injustice. The issue is a private civil matter between Mr X and his neighbour.

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Investigator's decision on behalf of the Ombudsman