Summary: We will not investigate this complaint about how the Council dealt with planning applications and a breach of planning control. This is because we are unlikely to find fault by the Council. The complainants have also not suffered significant injustice as a result of the alleged fault.

The complaint

1. The complainants, whom I shall refer to as Mr and Mrs X, have complained about how the Council dealt with planning applications and a breach of planning control at a site near their home. Mr and Mrs X say the decision to approve the applications was based on inaccurate information. They also say the development has not been built in line with the approved plans.

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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, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

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

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My assessment

5. Mr and Mrs X have raised many concerns about how the Council dealt with their neighbour’s planning application. However, their concerns about the application were considered as part of a previous complaint to the Ombudsman. Therefore, I will not consider these matters again as part of this complaint.
6. I have considered Mr and Mrs X’s concerns about how the Council dealt with a breach of planning control.
7. 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. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately. Informal action can often be the quickest and most cost-effective way of achieving a satisfactory result. The council may also request a retrospective application to regularise the situation. However, if the development is considered unacceptable, it may be necessary to take other action to secure compliance such as serving a breach of condition or enforcement notice.
8. In this case, the Council looked into Mr and Mrs X’s concerns and sought a retrospective application to amend the approved plans and regularise the development. I am satisfied the Council properly assessed the acceptability of the amended development before granting permission. The case officer’s report referred to Mr and Mrs X’s objections and addressed their concerns. However, the officer decided the changes to the approved plans were acceptable.
9. Mr and Mrs X disagree and say the development should be demolished. But the Council was entitled to use its professional judgement to decide the development was acceptable. Councils also do not need to take enforcement action just because there has been a breach of planning control and it is not unusual for a council to request a retrospective application to regularise a development.
10. I understand Mr and Mrs X say the plans submitted with the retrospective application were also inaccurate. However, even if there were errors in the plans as Mr and Mrs X believe, I do not consider they have suffered any significant injustice as a result. The case officer visited the site and was able to assess the impact of the development. The Council has also explained why the development, as built, was acceptable.

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Final decision

11. We will not investigate Mr and Mrs X’s complaint because we are unlikely to find fault. Mr and Mrs X have also not suffered significant injustice.

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Investigator's decision on behalf of the Ombudsman