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

The complaint

1. Mr X has complained about how the Council has dealt with possible breaches of planning control at a site near his home and its decision not to take enforcement action against his neighbour.

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

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My assessment

6. Mr X reported several possible planning breaches to the Council. The Ombudsman has previously considered Mr X’s complaints about the Council’s decision not to take enforcement action, and we will not consider the same matters again as part of this complaint.
7. Mr X says he has been in correspondence with the Council since we sent our previous decisions about his complaints. He says some enforcement matters were ongoing and there have been further breaches. Mr X also says the Council failed to take action after his neighbour did not submit a retrospective planning application.
8. However, I am satisfied the Council has properly looked into the concerns Mr X has raised and explained why its decision not to take enforcement action remains the same. I understand Mr X’s neighbour did not submit a retrospective application to regularise some of the work. But the Council has explained why this does not impact its enforcement decision.
9. I understand Mr X disagrees, but the Council was entitled to use its professional judgement in this regard and councils do not need to take enforcement action just because there has been a planning breach. As the Council properly considered if it should take enforcement action it is unlikely we would find fault.

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Final decision

10. We will not investigate Mr 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