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 dealt with breaches of planning control. Mr X says the unauthorised developments significantly impact his 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. 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. 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 affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately.
7. In this case, the Council looked into concerns about the unauthorised developments. It agreed there had been breaches of planning control and served enforcement notices to the owner of the property.
8. Mr X says the enforcement notices have not been complied with and the Council has failed to take any further action. The Council says that adjustments have been made since it served the enforcement notices and the developments now comply with permitted development rights.
9. I understand Mr X disagrees. But the Council was entitled to use its professional judgement to decide it did not have any grounds on which to take enforcement action and it has explained how the developments comply with permitted development rights. As the Council properly considered if it was necessary to take further enforcement action, it is unlikely I could 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