Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action against a breach of planning control. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains for his client Mr Y. He says the Council has failed to enforce a planning condition. He says this is allowing Mr Y’s neighbours to invade his privacy.

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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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. 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.
6. Planning enforcement is discretionary and formal action should only happen 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.
7. As planning enforcement action is discretionary, councils may decide to take informal action or not to act at all.
8. 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)
9. Mr X reported a breach of planning control to the Council. He said the privacy screen erected on the neighbour’s balcony was not formed of one piece of glass as shown in the approved plans. He says the gap between the two glass panes that make up the screen allows a direct view of Mr Y’s bedroom and bathroom.
10. The Council investigated the breach. An officer visited the property.
11. The Council says an error in wording of the relevant planning condition renders the condition unenforceable. However, they also note the gap of a few millimetres between the two glass panes is minimal. The Council concluded, even if the condition were enforceable, it is not proportionate to take enforcement action against the breach of planning control.
12. While Mr Y may be disappointed with the Council’s decision, it is not our role to act as a point of appeal against decisions councils make with which complainants are unhappy. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. The Council visited the site and acknowledged that the breaches had occurred but decided it was not expedient to take enforcement action. This is a decision the Council is entitled to make and there is not enough evidence to suggest fault affected it.

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Final decision

13. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman