The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complainant has not suffered significant injustice as a result of the alleged fault.
The complaint
Mr X has complained about how the Council dealt with a breach of planning control. He says there have been long delays and he has needed to chase the Council for updates.
The Ombudsman’s role and powers
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 injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr 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. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately.
In this case, the Council looked into Mr X’s concerns and officers visited the site. However, the Council said the structure was mobile and not development and there had not been a breach. The Council also considered if any planning conditions had been breached before deciding it did not have any grounds on which to take enforcement action.
Mr X says he was given false assurances by the Council that the issue would be resolved. But I am satisfied the Council properly considered if it should take enforcement action and it was entitled to use its professional judgement to decide there had not been a breach of planning control.
Mr X has complained about how long it took the Council to look into his concerns. But I do not consider Mr X has suffered any significant injustice because of any delays as the Council ultimately decided there had not been a breach of planning control.
Final decision
We will not investigate Mr X’s complaint because he has not been caused any significant injustice because of the alleged fault.
Investigator's decision on behalf of the Ombudsman