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 the Council failed to take enforcement action in relation to a breach of planning control. Mrs X says the planning conditions for a development near her home were not complied with and the boundary wall has been damaged as a result.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

4. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission or not complied with planning conditions.
5. However, there are time limits within which a council can take enforcement action. A development becomes immune from enforcement if no action is taken within four years of substantial completion where operational development has been carried out without planning permission and within 10 years for any other breach of planning control.
6. In this case, planning permission for the development was granted in the 1980s. Mrs X says the planning conditions were not complied with. But as it has been many years since the development was approved, the Council says it cannot take action against the developer as the alleged breach would now be immune from enforcement.
7. I understand Mrs X disagrees with the Council’s decision not to take enforcement action against the developer. But as the Council properly considered if it had grounds on which to take enforcement action, it is unlikely I could find fault.
8. Mrs X says damage has been caused to a boundary wall which would have been avoided had the planning conditions been complied with. However, issues relating to property damage will be a private civil matter between the property owners.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman