City of York Council (25 015 599)
The Ombudsman's final decision:
Summary: We have upheld Mrs X’s complaint about the Council’s handling of a planning breach. The Council has agreed to a suitable remedy.
The complaint
- Mrs X complains the Council did not take enforcement action against planning breaches at her neighbour’s property and delayed deciding a related planning application.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Planning breaches were identified at Mrs X’s neighbour’s property. In February 2024, the neighbour submitted a retrospective planning application to regularise the breaches. Mrs X contacted the Council several times to explain the impact the breaches were having on her and was told the application would be decided by May 2025. The Council did not decide the application until March 2026 when the application was refused.
- There were significant delays in the Council’s consideration of the planning application. This caused stress and uncertainty for Mrs X.
- We asked the Council to apologise to Mrs X and offer her a symbolic remedy in recognition of the delay. We also asked the Council to update Mrs X update once it has considered what enforcement action it finds expedient. The Council has agreed to complete these actions within four weeks.
Final decision
- We have upheld Mrs X’s complaint. The Council have agreed to a suitable remedy.
Investigator's decision on behalf of the Ombudsman