Summary: We will not investigate this complaint about the Council’s refusal to act against a breach of planning control. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no evidence of fault as planning permission was granted for the development.

The complaint

1. The complainant, I shall call Mrs X, complains the Council refuses to take enforcement action against a breach of planning control. She says a neighbour erected a garage in cream-coloured steel which is not in keeping with the local area and does not match the main house.

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

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How I considered this complaint

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

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Final decision

5. We will not investigate Mrs X’s complaint because there is no evidence of fault in the Council’s actions. The Council granted planning permission for the garage to be built using the cream-coloured steel. The Planning Officer’s report shows it considered the objections received before deciding to approve the application. As the application was approved, no breach of planning control exists.

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Investigator's decision on behalf of the Ombudsman