Summary: We will not investigate this complaint about how the Council dealt with a possible breach of planning control. This is because it is not yet possible to determine if the complainant has suffered significant injustice as a result of the alleged fault.

The complaint

1. Mr X has complained about how the Council has dealt with a breach of planning control. Mr X says the breach causes noise and traffic issues and impacts the use of his garden.

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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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(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 Mr 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. Mr X has complained about how the Council dealt with a possible breach of planning control. However, the Council’s investigation into the breach is still ongoing. As the enforcement investigation has not concluded, it is not yet possible to say if Mr X has suffered any significant injustice because of any alleged fault with how the Council dealt with the possible breach. The Council may still decide enforcement action is not necessary. Mr X can return to the Ombudsman and make a new complaint if he remains unhappy once the Council’s enforcement investigation has ended.

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Final decision

7. We will not investigate Mr X’s complaint because it is not yet possible to determine if he has suffered any significant injustice.

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Investigator's decision on behalf of the Ombudsman