Summary: We will not investigate this complaint about the way the Council considered Mr X’s reports of breaches of planning control, building regulations and noise nuisance. We have not seen enough evidence of fault in the Council’s actions to justify an investigation. Also, we do not consider Mr X has suffered a significant personal injustice because of the Council’s decision to refuse his neighbour’s planning application.

The complaint

1. Mr X complains the Council has failed:
• In its duty of care to keep the public safe.
• To act on his concerns.
• To consider emergency service access when determining his neighbour’s planning application; and
• To accurately assess building regulations.

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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 fault has not caused injustice to the person who complained.

(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. Mr X is concerned about development at the property next to his home. He says the Council failed to consider emergency service access when determining his neighbour’s planning application. However, the Council refused the planning application in 2024. As the application was refused, I do not consider Mr X suffered any personal injustice because of the way the Council considered the application.
6. Mr X also raises concerns about fire safety at the neighbouring property and the impact this has on his home and personal safety.
7. The Council confirms it has referred Mr X’s concerns about fire safety to the local fire authority. It also confirmed it has inspected the property and there are breaches of planning control. The neighbour has now submitted a planning application to regularise the breaches. Once the Council has validated the application Mr X will be invited to comment on the application. The Council must consider all comments it receives when deciding whether to approve or refuse planning permission.
8. I understand Mr X believes the Council has failed in its duty to protect him as a member of the public. However, the Council has referred his fire concerns to the appropriate body and investigated his reports of breaches of planning control.
9. Planning authorities can take enforcement action where there has been a breach of planning control. 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 effective enforcement action to maintain public confidence in the planning system but says councils should act proportionately.
10. 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.
11. The Council has decided to invite a planning application to regularise the breaches of planning control at the neighbour’s property. It also confirms there are no breaches of building regulations on site. Having inspected the property these are decisions it is entitled to make.
12. Mr X also complains the Council has not acted on his reports about noise. The Council has given him diary sheets to complete which it can use to determine whether there is a statutory noise nuisance. These are the actions we expect to see as part of an investigation into reports of noise nuisance.

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Final decision

13. We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the way the Council considered his reports of breaches of planning control, building regulations, and noise nuisance. Also we do not consider he suffered a significant personal injustice because of the way the Council considered and then refused his neighbour’s planning application.

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Investigator's decision on behalf of the Ombudsman