Summary: We will not investigate this complaint about how the Council dealt with a planning application or a breach of planning control. This is because parts of the complaint are late and we are unlikely to find fault with the remaining issues complained about.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained about how the Council dealt with a planning application for a development near her home. She also complains the Council failed to enforce the planning conditions.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault.

(Local Government Act 1974, section 24A(6), as amended)

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 about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I have considered Mrs X’s complaint and the Council’s responses. I invited Mrs X to comment on a draft of this decision and have considered her comments in response.

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What I found

5. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately. Informal action can often be the quickest and most cost-effective way of achieving a satisfactory result. The council may also request a retrospective application to regularise the situation. However, if the development is considered unacceptable, it may be necessary to take other action to secure compliance such as serving a breach of condition or enforcement notice.

What happened

6. The Council received a planning application from Mrs X’s neighbour to build a double garage and pool building. Mrs X objected to the application and raised many concerns about the development including the impact it would have on her home and the surrounding area. The application was referred to the Council’s planning committee for determination and permission was granted subject to conditions. One of these conditions said the development could not start until details of the planting regime and management were submitted to and approved by the Council.
7. The planting arrangements were approved by the Council in 2017 and included a living wall along the boundary with Mrs X’s home. In 2018, Mrs X contacted the Council to complain the living wall had not been planted. The wall has now been planted, but Mrs X says it does not comply with the requirements of the condition.
8. Mrs X complains the Council should not have granted planning permission for the development and says it has failed to properly enforce the planning conditions. She says the matter has caused her stress and the development has had a significant impact on her home.

Assessment

9. I will not investigate this complaint about how the Council dealt with a planning application or a breach of planning control. This is because parts of the complaint are late, and it is unlikely I would find fault with the remaining issues complained about.
10. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. The Council granted planning permission for the development in 2016. Mrs X was aware of the application and raised her concerns about the development at the time. Therefore, I consider Mrs X’s complaints about how the Council dealt with the application late and I see no good reason to exercise discretion to investigate as Mrs X could have complained to the Ombudsman sooner.
11. Mrs X has also complained about how the Council dealt with a breach of planning control. She says she has been in correspondence with the Council about the matter since 2017. However, the living wall required as a condition of the planning permission has still not been properly implemented. Mrs X says the new building is not properly screened and is having a significant impact on her amenity.
12. I understand Mrs X is unhappy the Council has not taken formal enforcement action in relation to the living wall. But it is unlikely I would find fault by the Council in this regard. A council does not need to take formal action just because there has been a breach of planning control. In this case, the Council decided it was not expedient to take enforcement action. Officers visited the site and agreed the Ivy planted for the living wall was smaller than it should be. However, the smaller plants had been planted closer together and the Council decided this would likely achieve the same outcome. The Council therefore decided formal action was not needed. An officer from the Council also visited the site again following concerns from Mrs X that the Ivy had died. The officer agreed some of the plants needed to be replaced. They arranged this with the developer and a further inspection confirmed the failed Ivy had been replaced as required by the planning condition.
13. I understand Mrs X disagrees with the Council’s decision not to take enforcement action, but this was a decision the Council was entitled to make, and the Ombudsman cannot question its professional judgement in this regard unless it was tainted by fault. As the Council properly considered if enforcement action was necessary it is unlikely I could find fault.

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Final decision

14. We will not investigate this complaint. This is because parts of the complaint are late and we are unlikely to find fault with the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman