Thurrock Council (24 005 236)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 03 Jul 2024
The Ombudsman's final decision:
Summary: We will not investigate Mrs B’s complaint about the Council not taking action about her neighbour making changes to the boundary between their properties. This is because there is not enough evidence of fault to justify an investigation.
The complaint
- Mrs B complains the Council has not taken action under planning or building control powers about her neighbour using wooden sleepers as a retaining wall to support a boundary fence. Mrs B is concerned the sleepers will rot and this will result in subsidence.
The Ombudsman’s role and powers
- 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 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))
How I considered this complaint
- I considered information provided by Mrs B and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has investigated this matter by visiting Mrs B’s neighbour’s property. The Council was satisfied the use of the wooden sleepers as a retaining wall is not a breach of planning control. The Council has also told Mrs B that the building regulations do not apply because the wooden sleepers are not supporting a building.
- There is not enough evidence of fault to justify an investigation into this complaint. This appears to be a civil matter between Mrs B and her neighbour. I have not seen any information to suggest the Council has the power to take action under planning or building control powers.
Final decision
- We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman