Summary: We have upheld Mr X complaint about the Council’s planning consideration of his neighbour’s garden structure. The Council have agreed to a suitable remedy.

The complaint

1. Mr X complains the Council did not properly address his concerns about developments on his neighbour’s property. He also complains of poor communication and complaint handling.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mr X complained to the Ombudsman in 2025. We will therefore consider the Council’s planning approach from 2024. This focuses on Council’s planning consideration of his neighbour’s garden office.
8. In 2024 Mr X’s neighbour asked the Council if they needed planning permission to build a structure in their garden to be used as a home office. The Council incorrectly informed the neighbour the office would fall under permitted development. The Council accepts neighbours’ structure was 10cm higher than permitted development limits. The neighbour built the garden office without obtaining planning permission.
9. Mr X says the structure has caused a loss of privacy and light to his property. The Council determined the location and impact of the building mean it would not be expedient to take enforcement action.
10. 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. Councils do not need to take enforcement action just because there has been a breach.
11. The Ombudsman does not act as an appeal body against enforcement decisions. Instead, we consider if there was any fault with how the decision was made. I have not seen evidence of fault in the Council’s consideration of planning enforcement once the structure was built.
12. Because the incorrect advice was given to Mr X’s neighbour, there was no planning process where Mr X could make representations. For this reason, we asked the Council to apologise to Mr X and provide him with a symbolic remedy.

Back to top

Final decision

13. We have upheld Mr X’s complaint. The Council have agreed to a suitable remedy.

Back to top

Investigator's decision on behalf of the Ombudsman