Summary: We will not investigate this complaint about the time taken by the Council to investigate a reported breach of planning control. And its decision that no breach has occurred. We have not seen enough evidence of fault to warrant our involvement.

The complaint

1. Ms X complains the Council has delayed in taking enforcement action against a breach of planning control despite evidence.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by Ms X including the Council’s response to her complaint.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms X says the Council refuses to take enforcement action despite having evidence of clear breaches of planning control.
6. The Council confirms it:
• inspected the properties
• obtained information from the property provider; and
• sought legal advice.
7. Having considered the information gathered, the Council decided there is no breach of planning control.
8. The Ombudsman does not provide a right of appeal against the Council’s decision that there is no breach of planning control. Our role is to consider the process by which the Council has reached its decision.
9. There is not enough evidence of fault by the Council here to justify an investigation. In reaching this view I have considered that:
• It is for the Council to decide whether there is a breach of planning control.
• Officers have met with Ms X and other neighbours.
• The Council served a Planning Contravention Notice to obtain information from the property service provider.
• The Council considered the information it gathered and sought legal advice.
• The Council followed the process we would expect to see by visiting the site, obtaining information and seeking legal advice.
10. I understand Ms X is frustrated by the length of time the Council has taken to reach a decision. However, an investigation into a report of a breach of planning control takes some time. I have seen no evidence of undue delay in the Council’s consideration of Ms X’s concerns.

Back to top

Final decision

11. We will not investigate Ms X’s complaint because there is not enough evidence of fault in the way the Council considered the report of a breach of planning control before making its decision.

Back to top

Investigator's decision on behalf of the Ombudsman