Summary: We will not investigate this complaint about how the Council dealt with a possible breach of planning control or an application for a Certificate of Lawfulness of Existing Use or Development. This is because the complainant has not suffered any significant injustice.

The complaint

1. Miss X has complained about how the Council dealt with a possible breach of planning control. Miss X says enforcement officers have visited many times over several years. She says she feels harassed by the officers and has been caused significant stress by the matter. Miss X is also unhappy with the Council’s decision to refuse an application for a Certificate of Lawfulness of Existing Use or Development (CLEUD).

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Miss 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. In this case, Miss X says she has been harassed by the Council as officers have visited the property where she lives many times since 2015. But councils do have a duty to investigate possible planning breaches. Miss X has also raised concerns about the Council’s decision to refuse the CLEUD application. However, Miss X’s landlord appealed against the decision and the CLEUD has been granted on appeal. Therefore, I cannot say Miss X has suffered any significant injustice because of any fault with how the Council dealt with the application or its decision to refuse permission.

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Final decision

6. We will not investigate Miss X’s complaint because she has not suffered any significant injustice as a result of the alleged fault.

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Investigator's decision on behalf of the Ombudsman