The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a planning enforcement matter. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, who I will call Mr X, complains that the Council has failed to take appropriate enforcement action against a neighbour who has appropriated an area of land previously used as a communal space and has also destroyed trees on the site.
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 consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered 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 that the Council properly considered it if should take enforcement action. It concluded that in fencing off a communal area without planning permission there had been a breach of planning control and has started an enforcement investigation into that matter. It also considered if the removal of trees constituted a breach of planning control, but after considering the planning history of the site it concluded there had been no breach.
I understand Mr X disagrees with the Council’s decision not to take enforcement action regarding the destruction of the trees. However, the Council was entitled to use its professional judgement to decide enforcement action was not necessary.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman