Summary: The Ombudsman will not investigate this complaint about work carried out following the grant of planning permission. It is unlikely he would find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to here as Mrs B, has complained the Council will not take enforcement action against a breach of planning control. She says this has resulted in inappropriate development at a house opposite one she owns.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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 from when they were aware of something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
5. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
6. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

7. I have considered what Mrs B said in her complaint. Mrs B commented on a draft before I made this decision.

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What I found

Background

8. We previously investigated a complaint about the grant of planning permission for the development Mrs B complains about. We will not reconsider a complaint about that. I have considered Mrs B complaint that the development has not been carried out in accordance with that planning permission.
9. Councils can take enforcement action if they find planning rules have been breached. However councils should not take enforcement action just because there has been a breach of planning control. Government guidance says:

“Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.” (National Planning Policy Framework July 2018, paragraph 58)

10. The emphasis is on regularising development, not preventing it. In each case, a council has to decide what, if any enforcement action it is expedient to take.

What I found

11. It is clear the Council considered Mrs B’s concerns and visited the site in response to them. It explained that, while there were some variations from the approved plans, these did not warrant enforcement action.

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Final decision

12. I have decided we will not investigate this complaint. The Council was entitled to decide it was not expedient to take enforcement action. Although Mrs B disagrees with that decision, I have seen nothing to suggest there was fault by the Council.

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Investigator's decision on behalf of the Ombudsman