Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against a breach of planning control. This is because we are unlikely to find fault with the Council.

The complaint

1. Mr X complains the Council failed to properly investigate a breach of planning control relating to the height of a neighbouring development. He says it has caused distress and uncertainty because it affects the outlook, light, privacy and enjoyment of his home. Mr X wants the Council to carry out a proper investigation using correct measurements, make a new enforcement decision, review its procedures and provide a remedy for his injustice.

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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))

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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council granted planning permission for a development to the property next to Mr X’s home. Mr X said the ridge height of the development is higher than what the Council approved in the planning process.
7. Mr X complains the Council did not take enforcement action or require the development to be built in accordance with the original plans.
8. Councils can take enforcement action if they find a breach of planning rules. However, councils should not take enforcement action just because there has been a breach of planning control. Planning enforcement is discretionary and formal action should happen only when it would be a proportionate response to the breach. When deciding whether to enforce, councils should consider the likely impact of harm to the public and whether they might grant approval if they were to receive an application for the development or use.
9. In this case, the Council agreed the ridge on the development was higher than what was approved, but not significantly higher. It explained to Mr X it decided not to take enforcement action because it did not identify any planning harm that would justify taking enforcement action.
10. 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.
11. I am satisfied the Council properly investigated the potential breach of planning. It then decided enforcement action would not be appropriate. There does not appear to be fault in how it reached this decision and therefore we cannot question it. For this reason, we will not investigate this complaint

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Final decision

12. We will not investigate Mr X’s complaint because we are unlikely to find fault with the Council.

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Investigator's decision on behalf of the Ombudsman