The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s lack of action on reports of breaches of planning condition and planning control. We have not seen enough evidence of fault in the Council’s response to breaches of planning condition. And further investigation of the Council’s response to reports of breaches of planning control will not lead to a different outcome at this time.
The complaint
Mr X and Mr Y complain the Council has failed to take enforcement action against breaches of planning control at a property next to Mr Y’s home. They say Mr Y is suffering from: disruption from delivery lorries blocking his drive; and loss of light and overlooking.
Mr X and Mr Y want the Council to ensure the developer complies with the planning conditions.
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 further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X, Mr Y, and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has provided details of its responses to the reports of breaches of planning conditions. It confirms it has served breach of condition notices to the developer. And it will continue to respond to any future reports.
From the information we have seen, the Council has also responded to reports of breaches of planning control. Records available on its website show it has refused recent planning applications. Also, new planning applications have been made to amend the original applications. The Council has confirmed it is not expedient to take any enforcement action against breaches of planning control until the decisions have been made on the new applications. This is a decision the Council is entitled to make.
Final decision
We will not investigate Mr X and Mr Y’s complaint because the Council has explained it will not consider taking enforcement action against breaches of planning control until it has made a decision on the newly submitted planning applications. We consider further investigation of this complaint will not lead to a different outcome at this stage.
Investigator's decision on behalf of the Ombudsman