The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a possible breach of planning control. This is because we are unlikely to find fault.
The complaint
The complainant, whom I shall refer to as Ms X, has complained about how the Council dealt with her concerns about her neighbour building a loft extension and dormer without planning permission. Ms X says the unauthorised development overlooks her home and is overbearing.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X and the Ombudsman’s Assessment Code.
My assessment
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.
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.
In this case, I am satisfied the Council properly considered if it should take enforcement action. An officer visited the site in response to Ms X’s concerns but decided there were no grounds on which to take enforcement action as the works were permitted development and therefore Ms X’s neighbour did not need to apply to the Council for planning permission.
Ms X disputes this and says the Council did not visit her home to assess the impact of the development. But the Council was entitled to use its professional judgement to decide the works were permitted development and there was no requirement for it to visit Ms X’s home. As the Council properly considered if it should take enforcement action, it is unlikely I could find fault.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman