Ombudsman declines to investigate complaint about planning officer

A watchdog has rejected a resident’s complaint that a neighbour– who tipped off the council that she had broken the rules of a planning application – was a planning officer.

The lady, referred to in the report as Ms X, had built an extension at her home in 2018 after being granted planning permission.

But the council received a complaint from a neighbour that the roof on the extension had been built higher than what had been approved. She was then asked to submit a new application, which she did, but she was unhappy with the complaint, because the neighbour who had reported the issue was actually a planning officer.

She reported the matter to the Local government Ombudsman (LGO), but the matter was closed after an investigator found the planning inspector had done no wrong.

“Ms X obtained planning permission to extend her home in August 2018. Following a complaint by a neighbour, the Council investigated to see if the property had been built in accordance with approved plans,” the report said.

“A Planning Officer visited and concluded that the roof had been built higher than that approved. The Council asked Ms X to submit a planning application to regularise the development, which she did. Ms X is unhappy with the way the Council investigated the enforcement complaint and says that it was made by an employee of the Planning Office.

“The Council says that the complaint was made by a Planning Officer who lived nearby but the Planning Officer had no involvement in the planning application or enforcement decision. The planning enforcement process we expect is as follows. We expect councils to consider allegations and decide what, if any, investigation is necessary.

“If the council decides there is a breach of control, it must consider what harm is caused to the public before deciding how to react.

“Providing the council is aware of its powers and follows this process, it is free to make its own judgement on how or whether to act.

“Ms X is unhappy about the time taken to deal with her planning application.”

The report went on: “Any decision about enforcement, time taken or the merits of a planning application are matters which can be appealed to a Planning Inspector.

“The Planning Inspector is an expert whose decisions are binding on the Council. I see no reason why such appeals could not be made. Costs could be sought if it could be shown that the Council had acted unreasonably.”

The full report and decision can be viewed at lgo.org.uk using the reference code 19 017 751.