Summary: We will not investigate this complaint about how the Council dealt with breaches of planning control. This is because it is not yet possible to say if the complainant has suffered significant injustice.

The complaint

1. Ms X has complained about how the Council has dealt with planning breaches at a site near her home.

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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:

• 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 Ms 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. Informal action can often be the quickest and most cost-effective way of achieving a satisfactory result. The council may also request a retrospective application to regularise the situation.
6. In this case, the Council’s enforcement investigation remains ongoing. The Council says it is expecting retrospective planning applications for the site. Ms X will have the opportunity to comment on the proposals so her concerns can be considered.
7. As the Council’s enforcement investigation has not concluded, it is not yet possible to say if Ms X has suffered any significant injustice because of any alleged fault with how the Council has dealt with the breaches. The Council may still decide enforcement action is not necessary. Ms X can return to the Ombudsman and make a new separate complaint if she remains unhappy once the Council’s enforcement investigation has ended.

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Final decision

8. We will not investigate Ms X’s complaint because it is not yet possible to say if she has suffered significant injustice.

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Investigator's decision on behalf of the Ombudsman