Summary: Mrs X complains that the Council failed to take enforcement action against a neighbour’s conservatory. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mrs X complains that the Council failed to take enforcement action against a neighbour’s conservatory.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

4. Mrs X says that a conservatory built by her neighbour was erected higher than permitted.
5. A Council officer visited in 2019 and 2020 and measured the height of the conservatory. The Council concluded that the height of the conservatory was within the range of Permitted Development, ie no planning permission was required. The Council accepts that a raised patio may have needed planning permission but this had been in existence for more than four years and so was legally immune from planning enforcement action.
6. The planning enforcement process we expect is as follows. We expect councils to consider allegations and decide what, if any, investigation is necessary. If the council decides there is a breach of control, it must consider what harm is caused to the public before deciding how to react. Providing the council is aware of its powers and follows this process, it is free to make its own judgement on how or whether to act.
7. Government guidance says formal enforcement action should be the last resort and councils are encouraged to resolve issues through negotiation and dialogue with developers.
8. I am satisfied that the Council properly investigated whether or not enforcement action should be taken against the conservatory. The Council’s conclusion, that no enforcement action could be taken, was a professional judgement made without fault. In the absence of fault, the Ombudsman may not criticise a decision.

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Final decision

9. I do not intend to investigate this complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman