Summary: We will not investigate this complaint about how the Council has dealt with a possible breach of planning control. This is because the complainant has not suffered significant injustice.

The complaint

1. Mr X has complained about how the Council has dealt with a breach of planning control. Mr X says there has been slow progress by the Council and it has failed to enforce planning conditions that apply to the site. Mr X says the unauthorised development impacts his views and visual amenity.

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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, 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 Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. 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.
6. In this case, the Council says its enforcement investigation is still ongoing. It says there is currently a planning application pending for the site and the outcome of the application will help inform its enforcement decision.
7. I understand Mr X would like the Council to take formal action in relation to the fencing erected at the site. But councils do not need to take enforcement action just because there has been a breach. As the enforcement investigation has not concluded, it is not yet possible to determine if Mr X has suffered any significant injustice because of any alleged fault by the Council. The Council may still decide that enforcement action is not needed. Mr X can return to the Ombudsman and make a new complaint if he remains unhappy once the Council’s enforcement investigation has ended.

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Final decision

8. We will not investigate Mr X’s complaint because it is not yet possible to determine if he has suffered significant injustice because of any fault with the Council’s enforcement investigation.

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Investigator's decision on behalf of the Ombudsman