Summary: We will not investigate this complaint about how the Council dealt with a possible breach of planning control. This is because we are unlikely to find fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with a breach of planning control. He says the Council has taken too long to look into his concerns and is unhappy it has not taken formal enforcement action.

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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)

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How I considered this complaint

3. I have considered Mr X’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

4. 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

5. In 2016, Mr X’s neighbour started works to build a new dwelling. Mr X contacted the Council as he was concerned about his neighbour raising the ground levels in their garden. The Council told Mr X he would need to wait until the foundations were completed before it could look into his concerns. Mr X continued to correspond with the Council about the matter and in 2019 made a formal complaint.
6. The new dwelling is now complete. Mr X says the ground levels at the front and rear of the property are much higher than they should be, and his neighbour has also built a patio area and a wall without permission. Mr X says this impacts his privacy, causes overlooking, and his home has lost value as a result. Mr X has complained about how the Council has dealt with his concerns and is unhappy it has not taken formal action to resolve the breaches.

Assessment

7. I will not investigate this complaint about how the Council dealt with a possible breach of planning control. This is because it is unlikely I would find fault by the Council.
8. The Council does not need to take enforcement action just because there has been a breach of planning control and formal action is usually used as a last resort. In this case, I am satisfied the Council properly looked into Mr X’s concerns before deciding it would not be expedient to take formal action. An officer from the Council visited the site in response to Mr X’s concerns, commissioned a land level survey and consulted the highway authority. The officer decided the ground levels at the front of the property were only slightly higher than they should be and would not cause a loss of privacy. The Council also decided it would not be expedient to take formal action in relation to a wall built without permission as the wall serves a useful purpose and the residents of other properties in the area have built similar structures. The highway safety concerns raised have also now been negated by the foliage planted in front of the wall.
9. The Council also considered Mr X’s concerns about the ground levels at the back of his neighbour’s property. The Council accepted the patio area built was not included on the approved plans but said this would be minor in comparison to the other works planned for the back of the property. These works are ongoing and the Council has confirmed the land level at the rear of Mr X’s neighbour’s garden will be reduced in line with the approved plans.
10. As the Council properly considered the matter before deciding formal enforcement action was not necessary, it is unlikely I could find fault. I understand Mr X disagrees. But it is for the Council to decide if there has been a breach of planning control and if formal action is necessary. The Ombudsman cannot question the Council’s professional judgment in this regard unless it is tainted by fault.

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Final decision

11. We will not investigate this complaint. This is because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman