The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s planning enforcement action. This is because there is insufficient evidence of fault.
The complaint
Mr X complains the Council took planning enforcement action against him without following the correct procedure.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council issued an enforcement notice for an alleged breach of planning control several years ago. Mr X says it served the enforcement notice on the wrong person. He says this prevented him from exercising his right of appeal to a Planning Inspector.
More recently, Mr X applied for planning permission to retain the unauthorised development, which the Council refused. The Council then took formal enforcement action to remove the unauthorised structure while Mr X was awaiting the outcome of his appeal against the Council’s decision.
There is insufficient evidence of fault. The Council served the planning enforcement notices on those recorded as the proprietors of the land at the time. It took formal action several years after the period for compliance with the enforcement notice and only after refusing planning permission. The Council was within its rights to take enforcement action and was not required to wait for the outcome of the appeal.
If Mr X believes the Council’s actions were unlawful, he may wish to seek legal advice.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council].
Investigator's decision on behalf of the Ombudsman