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

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with a possible breach of planning control. He says the Council has not followed planning procedure and it should take action in relation to the unauthorised development.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. 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.
5. 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.
6. In this case, the Council looked into Mr X’s concerns about the possible planning breach. However, it decided it had no grounds on which to take enforcement action as the fence was allowed under permitted development rights.
7. Mr X says the fence requires planning permission due to its height and proximity to a public footpath. However, the Council has explained why it considers the fence permitted development. I understand Mr X disagrees with its reasons. But the Council was entitled to use its professional judgement to decide there had not been a breach of planning control. As the Council properly considered if it was necessary to take enforcement action, it is unlikely I could find fault.

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Final decision

8. 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