Summary: We will not investigate this complaint about how the Council has dealt with breaches of planning control. This is because we are unlikely to find fault.

The complaint

1. Ms X has complained about how the Council has dealt with breaches of planning control. She says planning conditions for a development near her home have not been complied with and her trees have been damaged.

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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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

5. 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 or not complied with planning conditions. 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.
6. 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.
7. In this case, the Council has looked into Ms X’s concerns. It accepts that planning conditions have not yet been complied with. However, it says it is still working with the developer and does not consider it expedient to take formal action. The Council has also decided not to take action in relation to the position of the new dwellings as it says any discrepancy in the sitting of the development would be minor and not have a material impact.
8. I understand Ms X disagrees. But the Council was entitled to use its professional judgement to decide enforcement action was not necessary. Councils also do not need to take formal action just because there has been a breach. As the Council properly considered if it should take enforcement action, it is unlikely I could find fault.
9. Ms X says her trees have been damaged by the development and should have been protected. However, concerns about property damage will be a private civil matter between Ms X and the developer.

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Final decision

10. We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman