Summary: We will not investigate Ms X’s complaint about the Council’s handling of an enforcement matter relating to her neighbour’s property. This is because there is no evidence of fault. The injustice Ms X claims stems from the Council’s decisions on her neighbour’s planning applications and any complaints about the decisions are late. There is also no evidence of fault in the more recent decision. We will not investigate Ms X’s complaint about the Council’s decision on her planning application and the enforcement action it has taken against her as it would be reasonable for her to appeal.

The complaint

1. The complainant, Ms X, complains about the Council’s grants of planning permission for development to her neighbour’s property. She also complains about the Council’s handling of breaches of planning control by her neighbour, which she says impact on her privacy. She is further unhappy the Council has refused her planning application and has taken enforcement action against her for her own development.

Back to top

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)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
6. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• delay – usually over eight weeks – by an authority in deciding an application for planning permission
• a decision to refuse planning permission
• conditions placed on planning permission
• a planning enforcement notice.

Back to top

How I considered this complaint

7. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The Council granted planning permission for Ms X’s neighbour to develop their property some two and a half years ago. Any complaint about this decision is therefore late. Had Ms X felt the Council had not properly considered the application it would have been reasonable for her to complain at the time.
9. During construction Ms X reported concerns to the Council that her neighbour had not complied with the approved plans. The Council investigated and confirmed this was the case; it invited Ms X’s neighbour to submit a new planning application to retain what had been built and this is in accordance with guidance on planning enforcement contained within the National Planning Policy Framework. The approach does not therefore amount to fault.
10. Any complaint about the Council’s handling of the retrospective application also falls outside our time limit for investigation. I have however viewed the plans and the officer’s report for the application and it is clear they considered the relevant issues including the impact of the changes on Ms X’s privacy. There is no evidence of fault in its consideration of these issues and we could not therefore criticise the decision. We also could not achieve the outcome Ms X wants, which is for the Council to pursue demolition of her neighbour’s property.
11. We will not investigate Ms X’s complaint about the Council’s refusal of planning permission and enforcement action for her breach of planning control. This is because it would be reasonable for Ms X to appeal against the refusal and any enforcement notice the Council may issue.

Back to top

Final decision

12. We will not investigate this complaint. Ms X’s injustice stems from the Council’s grants of planning permission and her complaints about its decisions are late. There is no evidence of fault in the Council’s handling of the more recent planning application and if Ms X disagrees with its decision on her planning application and any enforcement notice it issues, it would be reasonable for her to appeal.

Back to top

Investigator's decision on behalf of the Ombudsman