Summary: We will not investigate this complaint about the Council’s handling of planning breaches. This is because we are unlikely to find fault in some of the issues complained about. It is also not yet possible to say if Ms Y has suffered significant injustice because of any fault with the Council’s ongoing enforcement investigation.

The complaint

1. Ms Y complains that the Council has given her neighbour planning permission for two exterior buildings. She says both buildings have been extended greater than the original plans.
2. Ms Y complains about the investigation of an enforcement referral and the conduct of the enforcement officer undertaking a site visit at her neighbour’s property. She feels the Council has been bias in its decision making.
3. Ms Y says the exterior buildings have encroached on her privacy and caused damage to her property. She says the Council’s response has caused her unimaginable stress.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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
• 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

6. I considered information provided by Ms Y and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms Y’s neighbour applied for a certificate of lawful development. An application for a lawful development certificate is to determine if a proposed or existing development is lawful and does not need planning permission. The Council did not need to consult on this and approved the application.
9. M Y says further alterations have been made to the outbuilding and she does not agree the building is permitted development. But the Council has explained how the development complies with the necessary requirements and how the measurements were taken. It was entitled to use its professional judgement. We will not investigate this part of the complaint as we are unlikely to find fault in the Council’s actions.
10. Ms Y also said her neighbour’s exterior building at the front of their property had been extended to bigger than the original plans.
11. The Council visited Ms Y’s neighbour’s property and invited them to make a retrospective planning application for the outbuilding. This is not unusual and the Council was entitled to use its professional judgement. Councils do not have to take enforcement action, even when there has been a breach. A decision is yet to be reached on whether the planning application has been approved, and Ms Y can comment on this. The Council should consider comments when making decisions on planning applications.
12. As the investigation has not concluded, it is not yet possible to say if Ms Y has suffered any significant injustice because of any fault with the Council’s investigation into the breach. The Council may still decide the unauthorised development is acceptable and grant planning permission. Ms Y can make a new complaint if she remains unhappy, after the Council has decided the retrospective application and concluded its enforcement investigation.
13. Ms Y has also raised concerns about the disruption caused while the development was being built and says her property has been damaged. However, disruption during construction is not a planning issue. Concerns about property damage will be a private civil matter between Ms Y and her neighbour.

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Final decision

14. We will not investigate Ms Y’s complaint because we are unlikely to find fault in some of the issues complained about. It is also not yet possible to say if Ms Y has suffered significant injustice because of any fault with the Council’s ongoing enforcement investigation.

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Investigator's decision on behalf of the Ombudsman