Mr A complained that the Council had failed to enforce planning conditions. Public areas remained unadopted and a Section 106 Agreement, setting out public works, had not been enforced. Mr A was dissatisfied with the Council’s complaint handling and said that information contained in the complaint response was inaccurate.
The Ombudsman said that enforcement of planning conditions is a discretionary matter for the Council. There had been ongoing discussions and/or meetings between the Council and the Developer in relation to the concerns raised. Whilst progress may have been slow, matters were progressing. The Council had responded to Mr A’s complaint at Stage1 and 2 of its complaints process. The Council said the Developer had appointed a management company to deal with unadopted areas, which was incorrect.
The Ombudsman sought and gained the Council’s agreement to, within 4 weeks, provide Mr A with an apology for the misinformation about the management company contained in correspondence, together with a written explanation of the position and to also, within 6 weeks, provide Mr A with a written update to his complaint, setting out the current position and any progress made.