The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement matter. This is because there is not enough evidence of fault by the Council.
The complaint
The complainant, Mr X, complains the Council failed to properly consider or resolve his concerns about development on land which shares a boundary with his property. He is concerned the development, which he considers breaches the planning permission granted by the Council, will cause flooding to his property.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
Background
The Council has investigated Mr X’s concerns and secured changes to the development to bring it in-line with the approved plans. While Mr X considers there are still issues with the level of the neighbouring land the Council has visited the site and does not agree. It has also explained that in its view the layout of the site would not increase the risk of flooding to Mr X’s property and that any damage would be a matter for Mr X to take up with the developer/property owner.
My assessment
I appreciate Mr X is concerned about the possibility of flooding to his property but we cannot provide a remedy for something which has not yet happened. In the event it does happen, Mr X may wish to seek legal advice about the possibility of a claim against the neighbouring landowner.
The Council has investigated the alleged breach of planning control and taken appropriate action to address it. While Mr X believes it should do more, the law does not allow us to question the Council’s judgement as there is not enough evidence of fault in the way it reached its decision.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman