Summary: We will not investigate this complaint about the Council’s lack of planning enforcement action. We consider further investigation will not lead to a different outcome at this time.

The complaint

1. Mr X complains the Council has failed to ensure the agreed boundary treatment, is installed next to his home.
2. He wants a fence installed as soon as possible.

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The Ombudsman’s role and powers

3. 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 further investigation will not lead to a different outcome at this time. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. A developer failed to plant a boundary hedge with an evergreen species as required by a condition on a planning permission.
7. The Council investigated the reported breach of planning control. It told Mr X it was not expedient to take enforcement action against the planning breach. It agreed to ask the developer to voluntarily change the hedge to an evergreen species.
8. I understand Mr X is concerned about the loss of privacy and frustrated by the length of time taken to achieve compliance with the planning conditions. However, in response to my enquiries, the Council confirms the proposal for the hedge and a rill will be presented to its committee in less than eight weeks from the date of this decision.

9. My view is we should not investigate at this stage as we do not know whether the proposal will be acceptable to Mr X and the Council. Mr X may make a further complaint to this office when the committee decision is made.

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Final decision

10. We will not investigate Mr X’s complaint because further investigation will not lead to a different outcome at this time.

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Investigator's decision on behalf of the Ombudsman