Summary: We will not investigate this complaint about how the Council dealt with possible planning breaches. This is because we are unlikely to find fault.

The complaint

1. Mr X has complained about how the Council dealt with possible breaches of planning control and its decision not to take enforcement action against his neighbour. Mr X says the unauthorised developments have a significant impact on his home and causes loss of privacy.

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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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

5. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately. Councils also do not have to take enforcement action just because there has been a breach.
6. 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.
7. In this case, the Council looked into Mr X’s concerns and an enforcement officer visited the site. However, the Council decided there had not been a planning breach. It said some of the work was now immune from action due to the time that had passed and some of the work was permitted development and did not require planning permission.
8. I understand Mr X disagrees. But the Council was entitled to use its professional judgement to decide it did not have any grounds on which to take enforcement action. As the Council properly considered if it should take enforcement action, it is unlikely I could find fault.
9. Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman