Summary: We will not investigate this complaint about the Council’s actions in response to reports of breaches of planning control. There is not enough evidence of fault in the way the Council reached its decision to justify investigating.

The complaint

1. Mrs X complained the Council failed to address safety, environmental and boundary issues near her home. She said the Council has failed to take enforcement action. She said she has spent a considerable amount of time trying to resolve the issue with the Council. She would like the Council to apologise, provide clear information on ownership and responsibility for the land, and take enforcement action.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
3. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. 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.
7. Planning enforcement is discretionary and formal action should only happen 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.
8. As planning enforcement action is discretionary, councils may decide to take informal action or not to act at all.
9. Government guidance says: “Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.” (National Planning Policy Framework December 2024, paragraph 60)
10. In its complaint response, the Council informed Mrs X it had asked its ecological advisers to investigate if a developer had complied with a Landscape and Ecological Management Plan. The Council said it would liaise directly with the developer if further work was required to achieve compliance with the plan.
11. Mrs X also complained the Council had not responded to safety concerns about a pond near her home. In its complaint response, the Council told Mrs X the landowner was exploring options for water to be directed to the pond and there was no breach of planning control related to this matter.
12. While Mrs X may be disappointed with the Council’s decision, 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 said it would liaise with the developer if investigations showed further work was required on the Landscape and Ecological Management Plan. This is a decision the Council is entitled to make and there is not enough evidence to suggest fault affected it.
13. Mrs X asked the Council to clarify land ownership and adoption status for unmaintained areas of the site. In its complaint response, the Council told Mrs X the highways department was liaising with the developer about the adoption of the site. The Council advised Mrs X that the landowner was responsible for the maintenance of the of the site.
14. We will not investigate this part of Mrs X’s complaint because further investigation would not lead to a different outcome. The Council advised Mrs X the landowner was responsible for the maintenance of the site.

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Final decision

15. We will not investigate Mrs X’s complaint because there is not enough evidence of fault in how the Council reached its decision to justify investigating.

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Investigator's decision on behalf of the Ombudsman