Summary: Mr X complains that the Council refused to take planning enforcement action against a neighbour property. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council causing significant injustice to warrant investigation.

The complaint

1. Mr X complains that the Council refused to take planning enforcement action against a neighbour property.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

Back to top

What I found

4. Mr X says that a neighbouring property has replaced tiles on their roof with tiles that do not match and are therefore in breach of planning permission.
5. The Council says that a Planning Officer visited and discussed the matter with the builder. The Council says that the builder had tried to obtain tiles matching the originals but they were no longer made. The Council says that the colour does not match closely but it will change once they get older. The Council says that it has considered enforcement action but, given that the original tiles are no longer made, enforcement action would be unreasonable.
6. The planning enforcement process we expect is as follows. We expect councils to consider allegations and decide what, if any, investigation is necessary. If the council decides there is a breach of control, it must consider what harm is caused to the public before deciding how to react. Providing the council is aware of its powers and follows this process, it is free to make its own judgement on how or whether to act.
7. I am satisfied that the Council properly considered its discretion and its decision not to take action is not fault.
8. Nor am I persuaded that any injustice from the tiles to Mr X is sufficient to warrant investigation by the Ombudsman.

Back to top

Final decision

9. I do not intend to investigate this complaint because there is no evidence of fault by the Council causing significant injustice to warrant investigation
    

Back to top

Investigator's decision on behalf of the Ombudsman