Summary: We will not investigate this complaint about a failure to take planning enforcement action on a site next to the complainant’s home. There is not enough evidence of fault in the Council’s actions.

The complaint

1. Mrs X complains the Council has failed to take planning enforcement action on a site close to her home.

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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.

(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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X complains the Council has failed to take action to clear a field close to her home. She says the field resembles a builder’s yard and is getting bigger.
6. The Council confirms it has visited the site multiple times. It is satisfied hardcore and items relating to commercial use have been removed. It says items remaining on the land are consistent with what may usually be found on agricultural land.
7. The Council says it is not expedient to take enforcement action against any remaining breaches of planning control on the site.
8. The Ombudsman does not provide a right of appeal against the Council’s decision not to take enforcement action. Our role is to review the process by which the Council reached its decision.

9. In this case, there is not enough evidence of fault by the Council to justify an investigation. In reaching this view, I have considered:
• It is for the Council to decide whether there is a breach of planning control.
• It is for the Council to decide whether it should or should not take enforcement action if there is a breach of planning control.
• The Council has visited the site and considered the condition of the field.

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Final decision

10. We will not investigate Mrs X’s complaint because there is not enough evidence of fault in the way the Council decided not to take enforcement action on the site close to her home.

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Investigator's decision on behalf of the Ombudsman