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.

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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))

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. 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.
5. In this case, an enforcement officer visited Mr X’s property to look into concerns about a possible planning breach. Mr X has complained about the actions of the officer and said the matter could have been resolved much sooner had the officer measured the development straight away rather than taking unnecessary photographs. Mr X says he has been caused stress by the matter.
6. However, councils have a duty to investigate possible planning breaches, and it is not unusual for enforcement officers to carry out site visits and take photographs. I understand Mr X says there was a delay before the Council told him it would not be taking further action. But I do not consider Mr X suffered any significant injustice because of any alleged fault in this regard as ultimately the Council decided there had not been a breach and further action was not necessary.
7. Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find fault. Mr X has also not suffered significant injustice.

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Investigator's decision on behalf of the Ombudsman