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

The complaint

1. Mr X complains the Council has failed to take enforcement action against neighbours who have absorbed part of an ancient woodland into their gardens.

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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. 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.
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 investigated Mr X’s concerns. It confirms it has an open planning enforcement case, and it expects to issue an Enforcement Notice soon.
8. I understand Mr X is concerned about the time taken to take action. But as there is an ongoing enforcement case, it appears the Council is properly considering the report of a breach of planning control.

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Final decision

9. We will not investigate Mr X’s complaint because the Council has an ongoing enforcement investigation therefore we cannot say it has failed to act. Also, further investigation at this time will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman