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

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained about how the Council dealt with a breach of planning control and a retrospective planning application. Mrs X says the decision to grant planning permission was based on inaccurate information and the development is causing damage to her property.

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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), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. 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.
6. 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.
7. In this case, the Council looked into Mrs X’s concerns and agreed the development had not been built in line with the approved plans. However, the Council decided it would not be expedient to take enforcement action.
8. I understand Mrs X disagrees. But the Council was entitled to use its professional judgement in this regard. 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.
9. In any event, Mrs X’s neighbour has also since applied for retrospective permission to vary the approved plans and regularise the development. Mrs X has complained about how the Council dealt with the application. However, I am satisfied the Council properly assessed the acceptability of the changes, including the impact on neighbouring properties, before granting retrospective permission. The case officer’s report referred to Mrs X’s objections and addressed her concerns. However, the officer decided the changes to the plans would not have a significant detrimental impact on neighbouring properties in terms of overlooking, overshadowing, loss of light or noise.
10. I understand Mrs X disagrees with the decision to grant retrospective permission and says the development is damaging her property. But the Council was entitled to use its professional judgment to decide the application was acceptable and the Ombudsman cannot question this decision unless it was tainted by fault. The Council is also not responsible for damage caused by a development, and this will be a private civil matter between Mrs X and her neighbour.
11. Mrs X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

12. 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