London Borough of Merton (24 020 062)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 26 Jan 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way the Council dealt with a breach of planning control. Further investigation will not lead to a different outcome.
The complaint
- Mr X complains the Council failed to act on his reports of breaches of planning control.
The Ombudsman’s role and powers
- 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 further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In October 2024, Mr X reported his neighbour was breaching planning control because he exceeded the maximum number of short term lets in a twelve-month period.
- The Council provided diary sheets for Mr X to record the breaches. It also confirmed it would contact the property owners.
- In January 2025 the Council advised it could not take action about breaches that may have occurred in 2024 as the twelve-month period reset on 1 January each year.
- However, in April 2025, the Council served a Planning Contravention Notice on the owner. In May 2025 the property reverted to use as a residential dwelling by a family on a long term let. Therefore the breach of planning control by exceeding the maximum number of 90 short term lets in a year has ceased.
Final decision
- We will not investigate Mr X’s complaint as the Council confirmed the breach of planning control he reported has now ceased. We consider further investigation will not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman