Summary: We will not investigate Mr B’s complaint about the Council not taking planning enforcement action against his neighbour. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B complains the Council has not taken planning enforcement action about material at his neighbour’s property which is acting as a tall fence. Mr B says this is an eyesore and he can no longer enjoy his garden. Mr B would like the Council to make his neighbour take the material down.

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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 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 Mr B.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council had to decide whether the material is development which the Council can take action about under planning powers. The meaning of development for planning purposes is set out in section 55 of the Town and Country Planning Act 1990. This definition includes building operations.
6. The Council visited the site twice. The Council says the material is not fixed to the ground nor has it involved any construction works to secure it into position. So, the Council says, this is not a building operation and not a breach of planning control which the Council can take action about.
7. The Council visited the site, took relevant factors into account and has explained its decision. I have not seen any information to indicate the Council’s assessment was affected by fault.
8. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman