Summary: We will not investigate this complaint about the Council’s failure to act against a breach of planning control and failure to follow building regulations. There is not enough evidence of fault in the Council’s actions.

The complaint

1. Mr X complains the Council failed to take satisfactory action in a timely manner against his neighbours. He also complains it has failed to ensure a building complies with building regulations.

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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))

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How I considered this complaint

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

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My assessment

5. The Council refused Mr X’s neighbours planning permission to extend their garage.
6. The neighbours extended the garage and changed the use to a children’s day care facility without planning permission.
7. The Council required the neighbours to apply for retrospective planning permission. The neighbours applied for retrospective planning permission which the Council refused. The Council then served enforcement notices against the neighbours.
8. Mr X’s neighbours appealed to the Planning Inspectorate against the enforcement notices. The Planning Inspector granted conditional planning permission for the day care facility.
9. We cannot consider the decision to grant planning permission as this was made by the Planning Inspectorate which is outside our jurisdiction.
10. Mr X also complains the Council has failed to ensure the converted garage meets building regulations.
11. Most building work requires building regulation approval. Building regulations set out requirements and guidance that builders and building owners are required to follow. The regulations are to ensure buildings are safe for those that use them or live around them.
12. Where there is an alleged breach of building regulations, Council Building Control Officers may take enforcement action.
13. Mr X complains the building work does not meet building regulations.
14. The Council confirms a Building Control Officer visited the neighbour’s property. They found no evidence of structural instability. It confirmed it will not issue a completion certificate until it has received the acceptable details from the neighbour’s structural engineers.
15. It further confirms there is no known breach of building regulations on the site and the building is not in danger of collapse. Therefore, it cannot act under sections 77 or 78 of the Building Act 1984.
16. We are not an appeal body. Our role is to look at the way the Council makes its decisions. When we find fault, we look for evidence to show it caused a significant injustice to the individual complainant. Without fault in the decision-making process, we cannot recommend a remedy or comment on the judgements made by officers in reaching decisions.
17. The evidence I have seen shows the Council considered Mr X’s reports of breaches of planning control. And, following refusal of a retrospective planning application, issued enforcement notices which were subsequently quashed by the Planning Inspector. I have seen no evidence of fault in the Council’s actions in this regard.
18. The information I have seen also shows the Council has visited the neighbour’s property and considered its statutory powers.
19. I understand Mr X disagrees with the outcome of the Council’s investigation. However, as the Council has followed the appropriate decision-making processes, we cannot find fault.

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Final decision

20. We will not investigate Mr X’s complaint because we cannot consider a complaint about the decision to grant planning permission as this decision was made by the Planning Inspectorate which is outside our jurisdiction.
21. We will not investigate Mr X’s complaint about a breach of building regulations as we have seen no evidence of fault in the way the Council considered the report and made its decision.

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Investigator's decision on behalf of the Ombudsman