Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement matter. This is because the injustice caused to Mr X is not significant enough to warrant investigation.

The complaint

1. Mr X complains the Council failed to keep him updated regarding a planning enforcement issue he reported in October 2024. He says the matter has affected the outlook from his property and he wants the Council to force the owners of the land to comply with planning laws.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

4. The Council has acknowledged it overlooked Mr X’s initial report in October 2024 but says it opened a planning enforcement case following contact from his local councillor in December. It sent a planning enforcement officer to visit the site to confirm the breach of planning control and later invited the landowner to submit a retrospective planning application. This is part of the standard process for planning enforcement and is not fault.
5. In the event the landowner does not apply for planning permission the Council will consider whether to take formal enforcement action. If it does, the Council will consider the impact of the development which has already taken place and will then decide whether to grant planning permission to retain it. But this is not a quick process and the Council’s actions are subject to rights of appeal to the Planning Inspector.
6. It is clear there was some delay in dealing with Mr X’s original report and that the Council did not keep Mr X updated on its actions. But we do not investigate all the complaints we receive and this means we must prioritise the most serious complaints. So while I appreciate Mr X has suffered some frustration and inconvenience as a result of the Council’s actions I do not consider this is significant enough to warrant investigation.

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Final decision

7. We will not investigate this complaint. This is because the Council’s actions have not caused Mr X significant injustice.

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Investigator's decision on behalf of the Ombudsman