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 and Mrs X have complained about how the Council has dealt with breaches of planning control at a site near their home. They say the Council has failed to take action in relation to the breaches and it has not ensured an enforcement notice for the site was complied with.

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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 and Mrs 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. 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.
8. In this case, the Council looked into Mr and Mrs X’s concerns and agreed there had been a breach of planning control. It served the site owner with an enforcement notice. Mr and Mrs X say the notice has not been fully complied with. They also say the caravan that required removal has just been moved to another part of the site. However, the Council has explained why it will not take further formal action in relation to the parts of the notice that may not have been complied with. The Council has also explained why it will not take enforcement action in relation to the new location of the caravan.
9. I understand Mr and Mrs X disagree with the Council’s enforcement decisions. But councils do not need to take enforcement action just because there has been a breach and the Council was entitled to use its professional judgement to decide it did not need to take further action. As the Council properly considered if it was necessary to take further action, it is unlikely I could find fault.
10. Mr and Mrs X have complained about more recent breaches at the site. However, any issues that have occurred since Mr and Mrs X complained will need to be dealt with as separate issues. Mr and Mrs X can make a new complaint if they are unhappy with how the Council has dealt with the recent breaches at the site.

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Final decision

11. We will not investigate Mr and Mrs 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