Summary: We will not investigate this complaint about alleged breaches of planning conditions. It is unlikely we would find fault by the Council.

The complaint

1. The complainant, who I refer to here as Mrs B, has complained the Council has not taken enforcement action in response to two alleged breaches of planning conditions. The Council attached the conditions to planning permission for development next to her home.

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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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’.
4. We do not provide a right of appeal against a council’s decision. 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 that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by Mrs B and on the Council’s website. I also considered our Assessment Code.

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My assessment

6. Councils can take enforcement action if they find planning rules have been breached. However, councils should not take enforcement action just because there has been a breach of planning control.
7. Planning enforcement is discretionary and formal action should happen only when it would be a proportionate response to the breach. When deciding whether to enforce, councils should consider the likely impact of harm to the public and whether they might grant approval if they were to receive an application for the development or use. Government guidance encourages councils to resolve issues through negotiation and dialogue with developers.
8. Mrs B complained to the Council that development next to her home had not begun within three years of the grant of planning permission. This was required by a condition the Council attached to the planning permission. The Council considered this but decided work had begun within three years so there was no breach. While Mrs B clearly disagrees, this was a matter for the Council to decide.
9. Mrs B also complained there had been a breach of a condition that required the Council to approve materials before development began. The Council accepts a breach occurred but decided it was not expedient to take enforcement action. Again, this was a matter for the Council to decide. The Council has since approved the material.

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Final decision

10. We will not investigate Mrs B’s complaint because we are unlikely to find there has been fault by the Council.

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Investigator's decision on behalf of the Ombudsman