Summary: We will not investigate this complaint about the Council’s handling of planning enforcement matters on a site neighbouring the complainant’s home. There is insufficient evidence of fault in the way the Council has reached its decisions.

The complaint

1. Mr X complains the Council has decided not to take further planning enforcement action against breaches of planning control on neighbouring land, despite it previously issuing enforcement notices and a breach of condition notice.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. With regard to the first bullet point, we can consider whether there was fault in the way an organisation made its decision. If there is insufficient evidence of 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 X and the Council, which included their complaint correspondence.
• the Ombudsman’s decision on a previous complaint about the Council’s handling of planning enforcement issues at the site.
• the Ombudsman’s Assessment Code.

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My assessment

5. I appreciate Mr X is very unhappy about the Council’s more recent decisions on the various planning enforcement issues relating to the site.
6. But the Ombudsman is not an appeal body against planning enforcement decisions. This means we do not take a second look at a decision to decide if it was wrong, or overrule decisions a council has made. Instead, we look at whether there was fault in how it made its decisions. If we decide there is insufficient evidence of fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
7. With regard to planning enforcement, it is for councils to judge whether there is a breach of planning control. If there is a breach, councils have the discretion to take enforcement action to remedy a breach, but they are under no obligation to do so. In each case, councils have the discretion to decide whether further action is expedient. Government guidance is that councils should act proportionately when considering this. There is no expectation councils should automatically enforce against every planning breach.
8. Here, the Council has conducted site visits and held a meeting with residents, and has explained to Mr X the reasons for its decisions on, or the current status of, each of the planning enforcement issues at the site. The Council was entitled to reach a professional judgement on these matters, even if Mr X disagrees with the conclusions reached.
9. Mr X’s complaint to the Ombudsman also refers to his human rights being breached. The Ombudsman cannot decide if a council has breached the Human Rights Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has taken account of an individual’s rights in its treatment of them. Councils will often be able to show they have properly taken account of the Human Rights Act if they have considered the impact their decisions will have on the individuals affected. In this case, I am satisfied the Council has considered the impact any breaches have on Mr X.
10. Overall, the Ombudsman will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council has reached its decisions.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council has reached its current decision/position on the planning enforcement issues at the neighbouring site.

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Investigator's decision on behalf of the Ombudsman