Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action against a breach of planning control. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mrs X complains the Council refuses to take enforcement action against unauthorised use of the forecourt where she lives as a parking space.

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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 Mrs 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 carried out 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 effective enforcement action to maintain public confidence in the planning system but says councils should act proportionately. This means Councils do not need to take formal action just because there has been a breach of planning control.
6. The Ombudsman does not act as an appeal body against enforcement decisions. Instead, we consider if there was any fault with how the decision was made.
7. The Council has considered Mrs X’s report of a breach of planning control. It confirms someone in the flats where Mrs X lives is using the forecourt as a parking space without seeking permission for either a crossover or formal parking space. However, it considers the character of the use of the space remains residential and the parking of one car by a resident is no evidence of intensification of use. It has therefore decided it is proportionate to not take enforcement action. Having considered the matter this is a decision the Council is entitled to make.

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Final decision

8. We will not investigate Mrs X’s complaint the Council was entitled to use its professional judgement to decide it did not need to take enforcement action. As the Council properly Mrs X’s report of a breach of planning control it is unlikely I could find fault.

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Investigator's decision on behalf of the Ombudsman