Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against reports of breaches of planning control and property licensing. We have not seen enough evidence of fault in the Council’s actions to justify our involvement.

The complaint

1. X complains the Council failed to take enforcement action against breaches of building control regulations and planning control at a property close to their home.

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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 X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council confirms planning enforcement officers visited the property and secured compliance with an enforcement notice. This required the property to cease unauthorised use as an unlicensed house in multiple occupation. It is satisfied the property is now occupied by a single, large family.
6. The Council also confirms the outbuildings in the garden do not require planning permission, therefore no enforcement action can be taken. It has:
• informed X how to report concerns about fire risk and anti-social behaviour
• confirmed it has placed the property on its programme of inspections; and
• confirmed parking concerns is not a planning enforcement matter.

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Final decision

7. We will not investigate X’s complaint because the Council has considered their reports of breaches of planning control and property licensing. It confirms there are no breaches. It has provided information on how they can raise concerns about parking and anti-social behaviour and added the property to its’ inspection programme.
8. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.

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Investigator's decision on behalf of the Ombudsman