Summary: We will not investigate this complaint about the way the Council considered the complainant’s reports that her neighbours have breached planning control. We have not seen enough evidence of fault in the Council’s actions to warrant our involvement.

The complaint

1. Ms X complains about the Council’s decision not to take enforcement action against breaches of planning control at her neighbour’s home. She also complains the Council failed to contact her to discuss her concerns.

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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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council confirms it received Ms X’s reports of breaches of planning control by her neighbour. It also confirms an officer visited the property and inspected the alleged breaches.
6. The Council advised Ms X the following:
• Encroachment on her boundary is a civil matter between neighbours.
• There have been minimal changes to ground levels, but it is not expedient to take enforcement action against this.
• The creation of a pond is not development and does not require planning permission.
• The Environmental Health department will continue to monitor the neighbour’s dog grooming business.
7. The Ombudsman does not provide a right of appeal against the Council’s decision that certain aspects of Ms X’s report are not breaches of planning control. And that it is not expedient to take action against minor technical breaches. Our role to review the process by which the Council made its decisions.
8. There is not enough evidence of fault in the Council’s actions to justify an investigation. In reaching this view I have considered that:
• It is for the Council to decide whether there is a breach of planning control, or whether it is not expedient to take enforcement action against a breach.
• The Council has visited the site.
• There is no requirement for the Council to either discuss Ms X’s concerns with her nor for it to visit her home.

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Final decision

9. We will not investigate Ms X’s complaint because we have not seen evidence of fault in the way the Council considered her reports of breaches of planning control. The Council inspected the site and followed the process we expect to see before making its decisions.

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Investigator's decision on behalf of the Ombudsman