The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not taking planning enforcement action against a report of a breach of planning control. There is not enough evidence of fault to justify an investigation.
The complaint
Ms X & Mr X complain the Council refuses to act on their reports that neighbours have breached planning control by removing parts of hedgerows and erecting fences.
they want the Council to either enforce the planning condition and require the fences to be moved; or require the neighbours to apply for planning permission for the fences so they may object.
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.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms & Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
On receipt of reports of breaches of planning control, the Council’s planning enforcement team carried out an investigation. Officers visited the site of the reported breach.
The Council confirms there is a breach of planning control. However, it has decided not to enforce against it. It has explained this is because it would have no material planning considerations to refuse a retrospective planning application for the fence. Therefore, it considers to take enforcement action against the fence or to require the neighbours to apply for planning permission would be unnecessarily punitive.
Planning authorities may take enforcement action where there has been a breach of planning control. Enforcement action is discretionary. Where the breach involves carrying out development without permission, the authority may serve an Enforcement Notice if it is expedient to do so. It is for the planning authority to decide whether it is expedient to take action.
In this case, the Council has considered the reports and visited the site. It has decided not to take enforcement action and explained its reasons for this.
There is not enough evidence of fault to justify an investigation into Mr X’s complaint.
I understand Ms X & Mr X disagree with the Council’s decision not to take enforcement action. But the Council was entitled to use its professional judgement in this regard and councils do not need to take enforcement action if there has been a breach of planning control. As the Council properly considered if it was necessary to take enforcement action, it is unlikely I could find fault
Final decision
We will not investigate Ms X & Mr X’s complaint because there is insufficient evidence of fault in the way the Council made its decision not to take planning enforcement action against the breaches of planning control.
Investigator's decision on behalf of the Ombudsman