The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement matter involving Mr X’s neighbour.
The Council’s enforcement case is ongoing and we cannot determine the claimed injustice from the matter before the final planning and enforcement outcome is reached. Investigation at this time would not result in a different outcome for Mr X.
The complaint
Mr X lives next door to a development in the neighbouring garden owned by Mr Y, which is being used as a residential building without planning permission. Mr X complains the Council has: delayed in taking any enforcement action against Mr Y and continues to fail to do so; given the neighbour the ‘green light’ to occupy the building as a residence during the planning process.
Mr X says the use of the building as a residence has affected the amenity of his property. He says noise from the residents and their dogs, and a fireplace fitted to the building emitting acrid smoke means he and his family cannot relax in their garden. Mr X says new floodlights light up the rooms to the rear of their house and the owners have not maintained their boundary hedge. Mr X is concerned the matter has set a precedent for other developments.
Mr X wants the Council to ‘own up’ to what has happened regarding its officers’ advice and guidance to the neighbour. He wants the Council to explain why they have delayed in giving the reasons for their planning decisions, and to publicise the case.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6)) We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information from Mr X, and the Ombudsman’s Assessment Code.
My assessment
Mr Y sought and received planning permission for a storage unit next to the boundary with Mr X’s garden in 2016. The permission included a condition for the building not to be used as a residence. Mr Y completed the building in 2020. Mr X reported to the Council that Mr Y is using it as a residential building. He says the Council took no action and did not update him for about a year so he involved his MP. The Council told Mr X in January 2022 that it would not be taking further action about the neighbour’s residential use of the building so he complained in February 2022. The Council gave its final complaint response in August 2022, saying officers had decided to reopen the enforcement case after reviewing the complaint. It says its investigation of the planning condition breach is ongoing and officers are still considering what action, if any, the Council should take.
We will not investigate where a planning issue and the planning status of a development which is claimed to be causing injustices to the complainant is unresolved, as it is in this case. This is because we cannot reach a view on the reported impacts of a development until the final planning position on it has been reached. Investigation of the matter at this time would not achieve a different outcome than the Council’s ongoing consideration of enforcement. We also cannot be involved in ongoing enforcement matters. It is for the Council to make its decisions on how its investigation should proceed.
The Council has said it will keep Mr X updated on its consideration of the open planning enforcement issue. If the Council decides it will be taking no further action on the matter, Mr X may wish to refer the complaint back to us. If the Council instead decides to take planning enforcement action against Mr Y, that may result in the final position taking more time to be reached. This is because Mr Y may have relevant appeal rights triggered by the action, or may take other steps such as lodging a retrospective planning application, to challenge the Council’s decision to enforce.
Final decision
We will not investigate Mr X’s complaint because: the Council’s enforcement case remains open and we cannot determine the claimed injustice from the matter before the final planning and enforcement outcome is reached; and investigation at this time would not result in a different outcome for Mr X.
Investigator's decision on behalf of the Ombudsman