The Ombudsman's final decision
Summary: We will not investigate this complaint about a failure to take enforcement action against a breach of planning conditions. We consider further action will not lead to a different outcome.
The complaint
Mr X complains the Council failed to ensure that a developer complies with the construction management plan.
He says this means there are problems with thoughtless and illegal parking where he lives.
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
As part of the planning permission, the developer was required to provide a Construction Management Plan (CMP). This states: “There will be a car park on site and all sub-contractors and labour will be informed at preorder meetings that the surrounding area is for resident parking only. All residential roads in the area suffer from varying degrees of on-street parking.”
The Council confirms the developer has provided onsite parking as specified by the CMP. It also confirms the developer has been reminded of the requirement for construction parking to be within this.
It is the developer’s responsibility to adhere to the planning permission including any conditions.
The Council has decided a meeting with residents will not be productive. This is a decision it is entitled to make. It has confirmed it will continue to monitor the site and respond to all complaints it receives. And it has told Mr X to contact parking services if cars obstruct the highway or park on double yellow lines.
Final decision
We will not investigate Mr X’s complaint because, having had regard to the action taken by the Council, we consider that further investigation will not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman