Summary: We will not investigate this complaint about the way the Council considered a breach of planning control at Ms X’s home. We have not seen enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains about the way the Council considered a report of a breach of planning control at her home. She also complains the officer who visited her home was dismissive towards her.

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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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council received a report that Ms X had breached planning control by erecting a pergola in her garden. An enforcement officer visited Ms X’s property.
6. The officer viewed Ms X’s garden and took photos. On return to the officer he discussed the case with his manager. They agreed the metal shed in Ms X’s garden was also a breach of planning control as well as her pergola.
7. The Council wrote to Ms X explaining the metal shed and pergola were a breach of planning control and she should apply for planning permission to regularise these breaches. However, it also confirmed it would not be taking further action on this matter and the case was closed.
8. Ms X complained to the Council that the officer was dismissive towards her. She also complained that she was unfairly treated because there are other sheds and garden structures in properties on the estate which have not been investigated.
9. I understand Ms X says the officer was dismissive to her. The Council says the officer has a different recollection of his visit. Without any further conclusive evidence such as video or audio recordings of what occurred during the visit I am unable to make a finding on this part of her complaint.
10. The Council has confirmed that all permitted development rights for the estate where Ms X lives have been removed. A condition was placed on the planning permission for the estate where Ms X lives which states:
    “Notwithstanding the provisions of Classes A to F of Part 1 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), the dwellinghouses hereby approved shall not be extended or altered in any manner (including the installation or re-configuration of windows) or detached outbuildings or other buildings erected or additional areas of hard standing/surfacing created (other than those approved) within the curtilage without the written approval of the Local Planning Authority.”

This means that planning permission is required to erect any structures in the garden.

11. Ms X is concerned that she is being treated unfairly as there are many other sheds and structures in gardens across the estate which have not been investigated by the Council. However, local planning authorities do not carry out a monitoring function to ensure all development in its area complies with planning control. The responsibility for complying with planning permission and associated conditions lays with the developer and those with an interest in the land. In this case the owners of the properties. It is appropriate for the Council to rely on reports from member of the public. While enforcement action is discretionary, if the Council receives a report of a breach of planning control it has a duty to investigate.
12. If Ms X believes there are other properties which are in breach of planning control she can make the relevant reports to the Council which will investigate.
13. Ms X says the Council only received a report about her pergola. Therefore as it only investigates when it receives reports of breaches, it should not have included her garden shed.
14. The Council confirmed when the officer visited her property they took photographs which show a shed in her garden as well as the pergola. Following a discussion with their line manager the officer included the shed in the description of the breach of planning control. We consider it would not be good practice for the officer to witness a breach of planning control yet not advise Ms X of this, as this may have left her open to people making allegations of further breaches of planning control at her home.

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Final decision

15. We will not investigate Ms X’s complaint because we have not seen enough evidence of fault in the way the Council considered a breach of planning control at her home.

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Investigator's decision on behalf of the Ombudsman