Summary: We will not investigate Mr X’s complaint about the Council’s failure to take enforcement action against a breach of planning permission. There is not enough evidence of fault in how the Council reached its decision to warrant our involvement.

The complaint

1. Mr X complained the Council failed to take enforcement action against a breach of planning permission.
2. Mr X said the breach caused a negative impact on his amenity and violates his privacy.

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The Ombudsman’s role and powers

3. We consider 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))
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained a breach of planning permission resulted in a neighbouring development being able to see directly into his home.
8. Mr X asked the Council to take enforcement action to protect his privacy.
9. The Council considered Mr X’s report and accepted there was a breach of planning. It completed two site visits to assess the impact of the breach.
10. The available evidence suggests the Council considered how the breach impacts Mr X and his amenity.
11. Following its assessment, it decided that it would not be proportionate to use its enforcement powers. In its complaint response, it maintained this position and explained its reasoning.
12. We are not a planning appeal body, and we cannot overturn the Council’s decision. We look at how the Council made its decision and whether there was any flaw in that decision-making. If there was no fault in the Council’s decision-making, we cannot question it. The evidence at hand suggests that we would not find fault by the Council and therefore we will not investigate this complaint.

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Final decision

13. We will not investigate Mr X’s complaint because there is not enough evidence of fault in how the Council reached its decision to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman