Summary: Mr C complained that the Council had failed to take action to stop the use of the neighbouring property as a short-term rental. We have not found fault.

The complaint

1. Mr C complained that the Council, in respect of a neighbouring property, has failed to:
• take action to stop its unlawful use as a short-term rental property;
• take action to investigate or abate the nuisance Mr C experiences; and
• properly take into account his concerns about unlawful parking with no dropped kerb to access the parking spaces.
2. Mr C says this has caused, and continues to cause, him and his wife, Mrs C, significant distress and inconvenience.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

5. I considered evidence provided by Mr C and the Council as well as relevant law, policy and guidance.
6. Mr C and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Enforcement

7. Councils can take enforcement action if they find a breach of planning rules. However, councils should not take enforcement action just because there has been a breach of planning control.
8. Planning enforcement is discretionary and formal action should happen only when it would be a proportionate response to the breach. When deciding whether to enforce, councils should consider the likely impact of harm to the public and whether they might grant approval if they were to receive an application for the development or use.
9. As planning enforcement action is discretionary, councils may decide to take informal action or not to act at all. Informal action might include negotiating improvements, seeking an assurance or undertaking, or requesting submission of a planning application so they can formally consider the issues.
10. Government guidance says: “Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.” (National Planning Policy Framework December 2024, paragraph 60)

Dropped kerbs

11. If a motorist needs to drive across the pavement into a driveway or parking area, they need a dropped kerb. A dropped kerb or vehicle crossover is an area of lowered pavement and kerbstones. The property owner must get the authority’s permission to install a dropped kerb.

What happened

12. In August 2024 Mr C complained to the Council about the unlawful use of a neighbouring property as ‘Airbnb’ type accommodation. He said he was disturbed by loud noise, blocked drains and parking issues. The owner of the property had submitted a planning application for a children’s home which the Council was dealing with. He chased the Council and his local councillor in September 2024 about the issue.
13. In October 2024 the Council granted planning permission for the children’s home. Mr C continued to complain about the unlawful use of the property and the consequent disturbance.
14. In November 2024 the Council registered an enforcement case and contacted the owner. The Council then contacted Mr C to say that the children’s home was expected to open in the new year so the current use was only temporary for a short period and so the Council would not be taking enforcement action.
15. Mr C and his local councillor continued to raise concerns about the unlawful use of the property. In early December 2024 the Council decided to carry out an enforcement investigation and said it would send a letter to the owner about the need to apply for a dropped kerb.
16. Mr C made a formal complaint on 10 December 2024. The Council responded in mid-January 2025. It apologised for the delay in processing the planning application. It said the environmental health department had not had any objections to the proposals on noise or anti-social behaviour grounds and the highways team had no objections to the parking arrangements. It agreed the current use as short-stay accommodation was unlawful, but said it was futile to carry out an investigation as the owner was waiting for a licence to open the children’s home. It would ask the owner to cease the use as short-stay accommodation. In early February 2025 it clarified to the owner why they needed planning permission for its current short-stay usage.
17. Mr C escalated his complaint and the Council responded on 18 February 2025 at stage two of its complaints procedure. It said that it acknowledged the licence was taking longer than expected to arrive and it had requested the short-stay use cease. Officers were trying to resolve the situation informally.
18. In March 2025 Mr C and the councillor complained that the problems were still occurring. He then complained to us.
19. The Council contacted the owner again in March 2025. They confirmed they were still waiting for the registration of the property as a children’s home.
20. In June 2025 the Council spoke with neighbours of the property and monitored the property for any activity on two occasions but did not witness anything. The Council also met with Mr and Mrs C and their local councillor. They confirmed they wished the Council to take action as they believed it was being advertised as bed and breakfast accommodation sleeping 12 people.
21. The Council has issued a Planning Contravention Notice and a letter to cease using the undropped kerb. The enforcement case is ongoing.
22. There is no record that Mr C has complained to environmental health about nuisance since a fly-tipping incident in September 2024. Mr C said this was because previous complaints had shown that dude to the sporadic nature of the problem and the lack of council resources to monitor noise out of hours, it was difficult to gain sufficient evidence to conclude the situation was causing a statutory nuisance.

Findings

23. I understand this situation has been very frustrating for Mr and Mrs C, living next door to a property being used for short term rentals rather than the children’s home for which it has planning permission. I also understand that on occasion they experience disturbance form the accommodation being used for parties.
24. However, I have not identified fault in the way the Council has dealt with the situation which has caused a significant injustice. It was reasonable for the Council to hold off any formal enforcement action while it believed the children’s home registration was imminent.
25. By February 2025, when the children’s home had still not materialised, it had further contact with the owner, explained why it needed planning permission for the current short-stay use and threatened formal action if the situation was not regularised. It also monitored the property on two occasions and met with Mr and Mrs C and the councillor to fully understand the impact on them.
26. When nothing further had changed in June 2025 it took further action, issuing a planning contravention notice. It has also issued a letter regarding the dropped kerb.
27. I do not consider there has been excessive delay in reaching this point and the enforcement case is ongoing. While I do not wish to dismiss the impact on Mr and Mrs C there is little evidence of significant disturbance or nuisance during this period.

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Decision

28. I find no fault.

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Investigator's decision on behalf of the Ombudsman