Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because it is not yet possible to determine if the complainant has suffered significant injustice as a result of the alleged fault.

The complaint

1. Mr X has complained about how the Council has dealt with a breach of planning control. Mr X says irreparable damage has been caused to the property and the Council has failed to take any action to protect the listed building.

Back to top

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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

4. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately. Informal action can often be the quickest and most cost-effective way of achieving a satisfactory result. The council may also request a retrospective application to regularise the situation.
5. In this case, the Council has visited the site and agreed there has been a breach of planning control. It has invited Mr X’s neighbour to make a retrospective application to regularise the development. The application is still pending, and Mr X has had the opportunity to comment on the development.
6. As the enforcement investigation is still ongoing, it is not yet possible to say if Mr X has suffered any significant injustice because of any alleged fault with the Council’s investigation. The Council may decide the works are acceptable and grant retrospective planning permission. It may also decide that enforcement action is not necessary. Mr X can return to the Ombudsman and make a new, separate complaint, should he remain unhappy once the enforcement investigation has concluded.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because it is not yet possible to say if Mr X has suffered any significant injustice because of any fault with the Council’s enforcement investigation.

Back to top

Investigator's decision on behalf of the Ombudsman