Summary: We will not investigate this complaint about planning enforcement. This is because there is not enough evidence of fault to warrant our involvement.

The complaint

1. Mr X complains the Council failed to ensure his neighbours submitted a retrospective planning application for decking they installed. He says because of the size of the development it is attracting vermin which affects the enjoyment of his property. Mr X wants the Council to force the neighbours to reduce the size of the development to follow planning regulations.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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))
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 Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council about decking his neighbour had installed in their garden. The Council told Mr X his neighbour needed to submit a retrospective planning application or reduce the size of the decking by the deadline it set.
8. Mr X complained the neighbour did not meet the requirements the Council had set out. The Council investigated Mr X’s concerns and carried out a site visit. It decided that enforcement action was not necessary. It explained to Mr X, the decking was likely to have needed planning permission, but it is likely the development would get that permission.
9. Planning enforcement action is discretionary. Councils may decide the nature of a breach is not enough to warrant enforcement action. We cannot say the Council should have taken a particular view about a breach if it has acted properly by considering it. Therefore, there is not enough evidence of fault to warrant our involvement.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman