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 any significant injustice.
The complaint
Mr X has complained about how the Council has dealt with a breach of planning control. He says the Council incorrectly told him there had not been a breach. Mr X says the Council should apologise and change its policy regarding the under enforcement of certain flags.
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 fault has not caused injustice to the person who complained, 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.
Mr X contacted the Council to report a possible breach of planning control as he said a flag was being flown without the necessary permission. Mr X says the Council incorrectly told him the flag did not need permission as it fell into the category of flags that did not require consent to be flown.
Mr X disagreed and the Council accepted the flag Mr X complained about did not comply with a strict interpretation of the government regulations and therefore did not benefit from the exemption. However, I do not consider Mr X has been caused any significant injustice as a result of the Council incorrectly telling him the flag did not need permission. This is because ultimately the Council decided enforcement action was not necessary.
I understand Mr X may disagree with the Council’s decision not to take enforcement action. But councils do not need to take enforcement action just because there has been a breach of planning control. I am satisfied the Council has properly explained why it did not consider formal action necessary and in the wider public interest. It was entitled to use its professional judgement in this regard.
Mr X says the Council should not under enforce certain flags. But enforcement is discretionary, and it is for councils to decide what, if any, action is required when a planning breach is established. Furthermore, government guidance says that the display of certain flags is allowed without needing to apply for permission.
Final decision
We will not investigate Mr X’s complaint because he has not suffered any significant injustice.
Investigator's decision on behalf of the Ombudsman