Summary: We will not investigate Mr X’s complaint the Council has not taken planning enforcement action. There is insufficient evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council did not take enforcement action when a developer moved into an outbuilding while they carried out works to another building. Mr X worries the outbuilding will be used as accommodation in future.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X reported a planning breach to the Council after a developer moved into an outbuilding while works were ongoing on another building. Mr X complained that self-contained accommodation is not allowed under permitted development rights. Mr X worries the outbuilding will be used as self-contained accommodation when the works on the other building are complete. Mr X complained when the Council did not take enforcement action.
7. The Council investigated the planning breach notice. The Council found no evidence there was any permanent arrangement in place that would amount to development requiring planning permission. The Council determined that temporary occupation associated with lawful works is not a material change of use.
8. The Council followed the correct process when it investigated the planning breach so I cannot question its decision. I will not investigate this complaint because there is insufficient evidence of fault to justify an investigation.

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Final decision

9. We will not investigate Mr X’s complaint the Council has not taken planning enforcement action. There is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman