Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement matter. This is because there is not enough evidence of fault.

The complaint

1. The complainant, Mr X, complains the Council has decided not to take enforcement action against his neighbour for a structure he believes is too tall and blocks light to his windows.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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Background

5. The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) allows certain development without the need for planning permission. This is known as ‘permitted development’. Permitted development rights are subject to limitations and exclusions, but when a proposal falls within the parameters of development allowed by the Order it will not require planning permission; the Council therefore has no basis to refuse it.

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My assessment

6. Mr and Mrs X have raised concerns with the Council about their neighbour’s structure for more than 12 months. Their correspondence suggests the structure measured between 2.2 and 2.3m tall at the time of their complaints.
7. The Council’s responses to Mr and Mrs X’s complaints say the structure was 2.2m tall and acknowledge an extension to it which Mr and Mrs X say was a similar height. It confirms it carried out a site visit and spoke to their neighbour, during which it asked the neighbour to reduce the height of the structure to 2m, which is the height allowed under the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).
8. Mr and Mrs X confirm the structure has reduced in height and the Council says it is satisfied it now complies with the Order. It therefore considers there is no basis for any further action.
9. While Mr and Mrs X believe the structure should be further reduced in height and made from different materials to allow light to their windows, there is no basis for the Council to require such action. It is therefore unlikely we would find fault.

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Final decision

10. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman