Summary: We will not investigate this complaint about the way the Council considered Mr X’s report of a possible breach of planning control. We have not seen enough evidence of fault in the way the Council made its decision.

The complaint

1. Mr X complains the Council failed to properly investigate his report of a breach of planning control at a neighbouring property. He also says it wrongly relied on the planning history of a different building in making its decision.

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

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My assessment

5. Mr X told the Council a neighbour had converted their detached garage to a living space without planning permission.
6. The Council confirms it considered:
• The enforcement history of the site.
• The planning history of the site.
• The information including photographs provided by Mr X.

It confirmed there are no planning conditions for the garage that restrict its use to parking only.

7. The Council also confirmed, having considered the information available, it is satisfied the garage, while not currently used for parking, is used by the residents as incidental to the main house. It is not being use for separate occupation or commercial activity. Therefore it is satisfied there is no breach of planning control.
8. I understand Mr X may be disappointed with the Council’s decision. However, it is not our role to act as a point of appeal against decisions councils make with which complainants are unhappy. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. The Council acknowledged the report of a breach of planning control and considered the information available before deciding no breach of planning control exists. This is a decision the Council is entitled to make and we have not seen sufficient evidence that fault affected it.

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Final decision

9. We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the Council’s actions to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman