Summary: Mr X complains about the Council’s refusal to take planning enforcement action against a neighbour’s garage. We will not investigate this complaint because there is no evidence of fault.

The complaint

1. Mr X complains about the Council’s refusal to take planning enforcement action against a neighbour’s garage.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I considered the complainant’s comments on my draft decision.

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My assessment

6. Mr X’s neighbour built a garage which Mr X says is too big and reduces light to his property.
7. The Council says that the garage would need planning permission. However, they say that part of the building would benefit from Permitted Development if built on its own.
8. The planning enforcement process we expect is as follows. We expect councils to consider allegations and decide what, if any, investigation is necessary. If the council decides there is a breach of control, it must consider what harm is caused to the public before deciding how to react. Providing the council is aware of its powers and follows this process, it is free to make its own judgement on how or whether to act.
9. A Planning Officer visited the site and measured the garage (and took photographs). The Council concluded that the building would receive planning permission if a retrospective planning application were to be submitted. This was because the loss of light was not significant
10. I am satisfied that a Planning Officer properly assessed the matter, and, in the absence of administrative fault, the Ombudsman cannot question the professional judgement of the Planning Officer.

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Final decision

11. I do not intend to investigate this complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman