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 and the complainant has not suffered significant injustice.

The complaint

1. Mr X has complained about how the Council dealt with a possible breach of planning control. He is also unhappy with how the Council handled his complaint.

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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
• any injustice is not significant enough to justify our involvement.

(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 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 affective 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 looked into Mr X’s concerns, and an enforcement officer visited the site. However, the Council decided there had not been a breach as the work carried out did not require planning permission. The Council was entitled to decide it did not have any grounds on which to take enforcement action. As the Council properly considered if it was necessary to take enforcement action, it is unlikely I could find fault.
8. Mr X has also complained about the Council’s complaint handling and says it has not responded to his correspondence. However, I do not consider the injustice Mr X suffered because of these issues significant enough to warrant an investigation by the Ombudsman.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council. Mr X has not suffered significant injustice because of any fault with how the Council handled his complaint.

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Investigator's decision on behalf of the Ombudsman