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

The complaint

1. The complainant, whom I shall refer to as Ms X, has complained about how the Council has dealt with planning applications and planning breaches for developments near her home.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained.

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

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. Ms X had an opportunity to comment on my draft decision.

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My assessment

6. Ms X has complained about how the Council has dealt with planning applications for developments near her home. She says the developments are overbearing, out of character with the area and will cause loss of light.
7. When a local authority receives a planning application it must look at the development plan and material planning considerations to decide if the proposal is acceptable. Material considerations relate to the use and development of the land in the public interest and includes matters such as the impact on neighbouring properties and the relevant planning policies. It is for the decision maker to decide the weight to be given to any material considerations in determining a planning application.
8. I am satisfied the Council considered the acceptability of the proposals, including the impact on neighbouring properties and the surrounding area, before granting planning permission for the developments. I understand Ms X disagrees, but the Council was entitled to use its professional judgement to decide the proposals were acceptable. The Ombudsman cannot question these decisions unless they were tainted by fault. As the Council properly considered the applications it is unlikely I could find fault.
9. Ms X has also complained about how the Council dealt with planning breaches. She says works started on one of the developments before a pre-commencement condition was complied with. Ms X also says the Council failed to take any action in relation to a change in use of another property.
10. 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. Councils also do not need to take formal action just because there has been a breach. 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.
11. Although works started before the developer submitted the construction management plan, the Council has since approved the plan and discharged the condition. It is also satisfied the approved plan has been complied with and therefore further enforcement action is not necessary.
12. The Council also looked into concerns about the use of a building. However, it decided the use was immune from enforcement action and issued a lawful development certificate.
13. As the Council properly considered if formal enforcement action was necessary it is unlikely I could find fault.
14. Ms X has also complained the Council has breached her Human Rights. The Ombudsman cannot decide if the Council has breached the Human Rights Act as this can only be done by the courts. However, we can consider if the Council took account of an individual’s rights. In this case, I am satisfied the Council has shown it considered the impact the new developments would have on local residents.

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Final decision

15. 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