Summary: We will not investigate Mr X’s complaint about the Council’s refusal to take enforcement action against breaches of planning control at his neighbour’s property. We are unlikely to find fault in the Council’s actions. Also further investigation is unlikely to lead to a different outcome.

The complaint

1. Mr X complains the Council refuses to act on breaches of planning control at his neighbour’s property.

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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
• further investigation would not lead to a different outcome.

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

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My assessment

5. The Council advised it considered Mr X’s reports of breaches of planning control. However, based on the information, including photographs he provided, they are satisfied there is no evidence of a breach of planning control on the site.
6. Mr X also reported concerns about breaches of building control regulations and noise.
7. The Council confirmed it has passed his concerns about building regulations to its building control team for consideration. It also confirms its environmental health team provided diary sheets for Mr X to record instances of noise. He should return the completed diary sheets to the Council for consideration.
8. 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 effective enforcement action to maintain public confidence in the planning system but says councils should act proportionately.
9. 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.
10. In this case, the Council considered Mr X’s concerns. It is satisfied there is no evidence of a breach of planning control at his neighbour’s property.
11. I understand Mr X disagrees with the Council’s decision. However, as the Council properly considered his reports, it is unlikely I could find fault.
12. Also, the Council has given Mr X diary sheets to record noise and has passed concerns about building regulations to its building control team. I consider further investigation will not lead to a different outcome.

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Final decision

13. We will not investigate Mr X’s complaint because we are unlikely to find fault in the Council’s actions. Also, further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman