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.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained about how the Council dealt with a possible breach of planning control. She says her neighbour built a raised patio area without permission and believes it will likely cause damage to her property.

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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.

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

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How I considered this complaint

3. I considered information provided by Mrs X.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council granted Mrs X’s neighbour planning permission to extend their property. Mrs X contacted the Council as her neighbour also built a raised patio area. She said the patio was not included on the approved plans for the extension and was concerned her fence would be damaged as it was being used to support the weight of the patio area. The Council looked into Mrs X’s concerns but decided there had not been a planning breach as the works were permitted development.
6. Councils can take enforcement action if there has been a breach of planning control. A breach of planning control includes circumstances where a developer has carried out works without permission or failed to comply with planning conditions. It is for the Council to decide if there has been a breach and what, if any, enforcement action is necessary. The Ombudsman does not act as an appeal body for planning or enforcement decisions. Instead, we consider if there was any fault with how the decision was made.
7. In this case, I am satisfied the Council considered Mrs X’s concerns before deciding there had not been a breach of planning control as the works were permitted development. I understand Mrs X disagrees, but the Council has explained why it considered the works permitted development. The Council was entitled to use its professional judgement in this regard and the Ombudsman cannot question this unless it was tainted by fault. As the Council properly considered Mrs X’s concerns about a possible breach of planning control, it is unlikely I would find fault.
8. Mrs X says the new patio is likely to damage her fence. But the Ombudsman would not usually investigate complaints about damage to a person’s property because of works carried out by a third party as this would be a private civil matter between Mrs X and her neighbour.

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Final decision

9. We will not investigate Mrs X’s complaint because we are unlikely to find fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman