The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s investigation into a breach of planning control at a property close to the complainant’s home. The Council has granted planning permission and will be contacting the developer to establish a timeframe for compliance. Further investigation is unlikely to lead to a different outcome.
The complaint
Mr X complains the Council delayed in taking enforcement action against breaches of planning control at a property near his home.
He says: he has been disturbed by night work the landlord has not provided an area for rubbish which is left on the street; and a family home has been removed from the area.
Mr X wants the Council to provide a timeframe for the work to be completed and provide enough waste storage.
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 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Information from the Council show a planning enforcement case was opened in October 2022. An investigation showed a rear extension had been demolished. Following site visits, the Council established the property was empty and undergoing refurbishment. The case was closed as there was no breach of planning control.
In April 2023 the Council opened another enforcement investigation. The owner told the Council they would be applying for planning permission for a nine-bedroom property. In June, the Council visited and established the property had been sub-divided into nine self-contained units. The Council says it told the owner it was unlikely to support the application.
In August, the Council received a planning application for a seven-bedroom property. The owner withdrew this in September. In October the owner applied for planning permission to convert the property into three flats.
The Council suspended enforcement action while it considered the planning application. It granted planning permission for three flats in February 2024. The approved plans show waste storage for the flats at the rear of the property.
The owner advised the Council they needed a year to rehouse the occupants of the nine units and convert the property back to three flats.
In response to my enquiries, the Council confirms it will be writing to the owner to advise it is reviewing case and may pursue formal action. Should an enforcement notice be issued it will provide several months for compliance.
Final decision
We will not investigate Mr X’s complaint because further investigation is unlikely to lead to a different outcome. Should Mr X be disturbed by building work at night, it is for him to report a noise nuisance to the Council’s environmental health department.
Investigator's decision on behalf of the Ombudsman