Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because we are unlikely to find fault.

The complaint

1. Mrs X has complained about how the Council dealt with her concerns about a development built by her neighbour without planning permission. Mrs X says her neighbour has encroached on her land and damaged her property.

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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 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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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. 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.
5. The Ombudsman does not act as an appeal body against enforcement decisions. Instead, we consider if there was any fault with how the decision was made.
6. In this case, the Council looked into Mrs X’s concerns and agreed the development built by her neighbour required planning permission as the height of the building exceeds what is allowed under permitted development rights. However, the Council decided it would not be expedient to take enforcement action as it said the additional height of the development would not cause harm. This was a decision the Council was entitled to make. Councils also do not need to take formal action just because there has been a breach of planning control. As the Council properly considered if it was necessary to take enforcement action, it is unlikely I could find fault.
7. Mrs X says her neighbour has encroached on her land and damaged her property. However, these will be private civil matters between Mrs X and her neighbour.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman