Summary: We will not investigate this complaint about the approval of a planning application for a new property and later decisions not to take enforcement actions against breaches of planning control. Planning permission was given by the Planning Inspectorate and is therefore outside our jurisdiction. And we have seen no evidence of fault in the way the Council’ decided not to take enforcement action against breaches of planning control.

The complaint

1. Mrs X complains the Council has failed to take action against breaches of planning control. She also alleges a member of the planning committee is a frequent visitor to the site.
2. Mrs X wants the Council to hold the developer to account for their alleged unneighbourly and aggressive attitude and to address her concerns about flooding and sewage.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of the Planning Inspectorate. (Local Government Act 1974, sections 25 and 34(1), as amended)
5. 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

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

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My assessment

8. The Council refused planning permission for a new house close to Mrs X’s home. The developer appealed to the Planning Inspector who overturned the Council’s decision and approved the application in 2022. The Planning Inspector is outside the Ombudsman’s jurisdiction so we cannot consider any complaints about the reasons for approving the original application.
9. Mrs X reported breaches of planning control to the Council. She was concerned about:
• building work on Sundays
• possible sewage issues; and
• possible flooding issues
10. The Council considered Mrs X’s report. It confirmed:
• Sunday working is not a breach of planning control
• there was no evidence to support her concerns about flooding: and
• sewage problems were a civil matter between her and the owner.
11. The Council acknowledged there was a technical breach of planning control on the site as work had started without all the planning conditions being discharged. However, it decided not to take enforcement action against this as it had received an application to vary a condition and an application to discharge the others.
12. It also advised Mrs X to report any immediate health concerns to the Environmental Health department. And sewage issues may be covered by the building regulations. However, as the developer is using a private building inspector the Council cannot consider this matter. It provided Mrs X with the details of the private building inspector who is overseeing the work.
13. Mrs X escalated her complaint adding that her neighbour was being aggressive. The Council reconfirmed the information it had already provided and advised Mrs X to contact the police if she was worried about her neighbour’s conduct.
14. I understand Mrs X believes planning permission for a new property close to her home should not have been given. However, this was granted by the Planning Inspector – not the Council so we cannot consider this point.
15. The Council considered her reports of breaches of planning control and explained why it would not take action. This is a decision it is entitled to make. The applications to vary the condition was publicised and Mrs X’s objections were considered before permission was granted.
16. I also understand Mrs X wants her neighbour held to account for what she says is unneighbourly and aggressive actions. But the Council is not responsible for her neighbour’s conduct. It is for Mrs X to report her concerns about aggressive behaviour to the police.

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Final decision

17. We will not investigate Mrs X’s complaint because we have not seen evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman