Summary: We will not investigate this complaint about the Council’s actions on breaches of planning control. Complaints about events which occurred before 2025 are too late and an investigation is unlikely to lead to a different outcome. And we have not seen enough evidence of fault in the way the Council decided not to require a site owner to follow all requirements of an Enforcement Notice.

The complaint

1. Mr X complains the Council delayed in taking enforcement action against breaches of planning control near his home. He also says the Council:
• Kept poor records.
• Failed to follow the law.
• Provided misleading information and communicated poorly; and
• Failed to investigate his reports.
2. Mr X says his is a registered disability household with complex medical needs. He says the Council’s failures have prevented them from receiving medical therapy at home. He says this has had significant medical and financial impacts.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done.

(Local Government Act 1974, sections 26B and 34D, as amended)

5. 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

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The law says a complaint must be made to the Ombudsman within one year of the person becoming aware of the problem.
9. Mr X complains about matters occurring from 2016 onwards. He did not contact us until January 2026. Therefore, complaints about all matters occurring before January 2025 are late. Mr X sought assistance from a solicitor to make his complaint. Therefore, we have seen no reason why he could not have complained about these earlier events much sooner.
10. Mr X also complains the Council failed to act against an Enforcement Notice issued in January 2024 against a breach of planning control on land close to his home.
11. The site owner appealed to the Planning Inspector against the Enforcement Notice. It was not fault for the Council to place a hold on further enforcement action while the Planning Inspectorate considered the appeal.
12. The Planning Inspector upheld the Enforcement Notice. However, it extended the time for compliance with the notice until September 2025.
13. The Council received a complaint that a breach of planning control remained on the site.
14. An officer inspected the site and prepared a report on their findings. The report notes:
• The level of storage on the site and the fact it is mostly neatly and would not be a breach of the Enforcement Notice; and
• There are no signs of the below ground works if they are present. Also, as over ground structures have been removed, there is no longer any harmful impact on the appearance of the area, and no further action is required.
15. Planning enforcement is discretionary and formal action should happen only when it would be a proportionate response to the breach. When deciding whether to enforce, councils should consider the likely impact of harm to the public and whether they might grant approval if they were to receive an application for the development or use.
16. The Ombudsman does not provide a right of appeal against the Council’s decision not to enforce the full requirements of the Notice. Our role is to review the process by which the Council reached its decision.
17. There is not enough evidence of fault in the Council’s actions to justify an investigation. In reaching this view I have considered:
• It is for the Council to decide whether to take further action.
• The Council has inspected the site and explained why it will not act to enforce the full requirement of the Enforcement Notice.

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Final decision

18. We will not investigate Mr X’s complaint because:
• Complaints about matters occurring before 2025 are made too late and we have seen good reason why Mr X could not have come to us sooner; and
• There is not enough evidence of fault in the way the Council decided not to take further enforcement action.

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Investigator's decision on behalf of the Ombudsman