Summary: We will not investigate Mr X’s complaint about the Council’s failure to tell him about his neighbour’s planning application. He has known about this for more than two years therefore this part of his complaint is made too late. Mr X also complains the Council granted retrospective planning permission without consulting him. We have seen insufficient evidence of fault to justify an investigation on this point. Finally, Mr X complains the neighbour has damaged his home, encroached onto his property and failed to follow the requirements of the Party Wall Act. These are civil matters and an investigation will not lead to a different outcome.

The complaint

1. Mr X complains the Council:
• failed to tell him about his neighbour’s planning application in 2020
• granted his neighbour retrospective planning permission without consulting him; and
• failed to take enforcement action.
2. He says his neighbour has failed to follow the Party Wall Act and damaged his home.

Back to top

The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done.

(Local Government Act 1974, sections 26B and 34D, as amended)

4. 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, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X’s neighbour applied for planning permission to extend their property in 2020. The Council assessed the application and granted planning permission. It acknowledges it failed to tell Mr X about the application.
8. Mr X says he became aware of the application in early 2023. The law says a complaint must be made to the Ombudsman within twelve months of becoming aware of the reason for complaint. I have considered whether to exercise discretion on this point. Mr X has known of the Council’s failure to tell him about the planning application for two years. During that time he has complained to the Council and made a claim on his home insurance. I consider there is no good reason why he could not have complained to the Ombudsman about the matter much sooner.
9. We will not investigate the part of this complaint concerning the failure to notify Mr X about his neighbour’s planning application as it is made too late.
10. Mr X also complains the Council failed to take enforcement action against his neighbour’s breaches of planning control.
11. Councils can take enforcement action if they find planning rules have been breached. However, councils should not take enforcement action just because there has been a breach of planning control.
12. Planning enforcement is discretionary and formal action should happen only when it would be a proportionate response to the breach. When deciding whether to enforce, councils should consider the likely impact of harm to the public and whether they might grant approval if they were to receive an application for the development or use.
13. As planning enforcement action is discretionary, councils may decide to take informal action or not to act at all. Informal action might include negotiating improvements, seeking an assurance or undertaking, or requesting submission of a planning application so they can formally consider the issues.
14. On receipt of a report that the neighbour had not followed the approved plans, the Council opened an enforcement investigation.
15. When planning permission is granted, developers sometimes make changes. If the Council decides the changes are ‘non-material’, it may allow the applicant to put in a non-material amendment application. There is no statutory definition of what is or is not a non-material amendment. The question is one of fact and degree and a matter for the Council to decide.
16. There is no legal requirement for councils to conduct statutory consultation or publicity for non-material amendment applications, as they would for full planning applications. A council will usually make an assessment based on the information submitted in the application. If the council finds the amendment is acceptable, the amendment will be agreed in writing.
17. The neighbour put in an application for a non-material amendment to the original planning permission. This was for changes to windows on the front and rear of the extension and internal changes, with a bathroom and bedroom changing places.
18. The Council considered the changes to the approved development were non- material. It approved the application under its scheme of delegation. This is a decision it is entitled to make. We have not seen enough evidence of fault in the Council’s decision not to consult the public on non-material amendment applications.
19. The non-material amendment application did not address the neighbour’s small overhang on the single storey front extension. Mr X complains this encroaches onto his property.
20. The Council says it considered the impact of the overhang. It decided it does not impact on the design character or appearance of the approved extension or on the wider area. Therefore it will not take action against this.
21. I understand Mr X is concerned about encroachment onto his property. He also complains the Council failed to act on his reports that his neighbour damaged his property and failed to follow the requirements of the Party Wall Act. These matters are civil issues between neighbours and not matters for the Council to resolve.

Back to top

Final decision

22. We will not investigate Mr X’s complaint because:
• It is too late to complain about the Council’s failure to tell him about the neighbour’s planning application; and
• Encroachment onto his property, damages to his property and Party Wall issues are civil matters and are not for the Council to resolve. Further investigation on these points will not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman