Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against a reported breach of planning control. There is not enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mr X complains the Council failed to investigate and enforce planning regulations despite evidence of unauthorised works being carried out in the Conservation Area.

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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))

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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. In January, Mr X reported his neighbour was carrying out excavation works without protection in place for trees. He said this started in December.
6. At the beginning of February, an Enforcement Officer visited the site and work was stopped.
7. In March the neighbour put in a retrospective planning application for the works. The Council subsequently refused the application. The neighbour appealed to the Planning Inspector.
8. In July the following year, the Planning Inspector allowed the appeal. This included conditions requiring protection put in place for the trees during the works.
9. The planning condition to protect the trees is not retrospective. This means it can only take effect from the day planning permission is granted, in this case July 2024. The Council cannot taken enforcement action against work carried out before the planning condition was put in place.
10. I understand Mr X believes the Council should have taken enforcement action when the breach of planning control first occurred. However, the Council can decide not to take enforcement action while a decision on a planning application which would regularise the breach is pending. Also, it cannot take enforcement action while a decision on an appeal to the Planning Inspector is pending.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way the Council has dealt with a report of a breach of planning control.

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Investigator's decision on behalf of the Ombudsman