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

The complaint

1. Mr Y has complained about how the Council dealt with his neighbours planning application and breaches of planning control. Mr Y says the development does not comply with planning laws and the proper processes have not been followed. Mr Y says the development will have a significant impact on his property.

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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 injustice is not significant enough to justify our involvement.

(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 Y and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. 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.
7. In this case, the Council accepted there had been a breach of planning control as the building work carried out by Mr Y’s neighbour did not comply with the plans approved for the site. However, at the time the breach was established, a further application remained pending for the site. Therefore, it was decided the applicant would seek to regularise the unauthorised development. It is not unusual for a retrospective application to be made to address a breach, and councils do not need to take formal action just because there has been a breach of planning control.
8. I understand Mr Y disagrees with the Council’s decision to approve the planning application. However, I am satisfied the Council properly considered the acceptability of the development before granting planning permission. The case officer’s report referred to Mr Y’s objections and addressed the concerns raised. However, the officer decided the development would not have an unacceptable impact on Mr Y’s property. The Council was entitled to use its professional judgement to decide the application was acceptable and the Ombudsman cannot question this decision unless it was tainted by fault. As the Council properly considered the application, it is unlikely I could find fault.
9. Mr Y says the application should have been referred to the Council’s planning committee for determination. But the Council has explained why the requirements for referring the application to the committee were not met. Furthermore, even if I did consider the Council at fault in this regard, I do not consider Mr Y has suffered any significant injustice as a result. As the Council properly considered the acceptability of the development, it is likely the decision to grant planning permission would have been the same had the application been decided by the planning committee.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman