Summary
Ms X complains about a lack of planning enforcement by the Council. We will not investigate this complaint because there is no evidence of fault by the Council.
The complaint
Ms X complains about a lack of planning enforcement by the Council.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
The complainant had an opportunity to comment on my draft decision.
My assessment
Ms X’s neighbour was served planning enforcement notices by the Council for unauthorised use of a field near Ms X’s home. Ms X says that the neighbour has continued to make unauthorised use of the land for motocross activities.
A Planning Officer visited the site. The Council conclude that mounds and jumps had been removed and that the area was starting to grass over.
The Council points out that the neighbour could use the land for motocross up to 28 days per year as Permitted Development (ie without the need for planning permission). After taking this into account, the Council concluded that there was not enough evidence to warrant criminal prosecution of the neighbour. The Council invited Ms X to continue to provide evidence if that supported her argument.
I am satisfied that after conducting a site visit with photographs, the Council properly investigated whether there was a case for prosecution. Their conclusion was made without administrative fault, and so the Ombudsman cannot question the Planning Officer’s professional judgement.
Final decision
I do not intend to investigate this complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman