Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because we are unlikely to find fault. The complainant has also not suffered any significant injustice because of any delays.

The complaint

1. Ms X has complained about how the Council dealt with a breach of planning control and its decision not to take enforcement action.

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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, or
• any injustice is not significant enough to justify our involvement.

(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 Ms X and the Ombudsman’s Assessment Code.

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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.
5. The Ombudsman does not act as an appeal body against enforcement decisions. Instead, we consider if there was any fault with how the decision was made.
6. In this case, the Council looked into Ms X’s concerns and an enforcement officer visited the site. The Council agreed there had been a breach of planning control as the developments did not comply with permitted development rights. However, the Council decided not to take formal enforcement action against Ms X’s neighbour as it said it would likely grant permission for the developments if it received a retrospective planning application.
7. Ms X disagrees and says the development encroaches on her property. But land ownership issues will be a private civil matter between Ms X and her neighbour. The Council was entitled to use its professional judgement to decide it should not take enforcement action. As the Council properly considered if it was necessary to take enforcement action, it is unlikely I could find fault.
8. Ms X has complained about how long it took the Council to look into her concerns. But I do not consider she has suffered any significant injustice because of any delays as the Council ultimately decided not to take enforcement action.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council. Ms X has not suffered any significant injustice because of any delays.

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Investigator's decision on behalf of the Ombudsman