Leeds City Council (21 017 796)

Statement Closed after initial enquiries Enforcement 24-Mar-2022

Summary: We will not investigate this complaint that the Council has refused to take planning enforcement action against a beauty salon operating from a residential property near the complainant’s home. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault in the way the Council reached its decision.

South Gloucestershire Council (21 004 659)

Statement Upheld Enforcement 23-Mar-2022

Summary: Mrs X complained the Council did not appropriately consider the impact of a neighbouring development on her residential amenity, before approving the application. As a result, there is an unacceptable loss of her privacy. The Council is at fault. It has agreed to approach Mrs X’s neighbour to offer to pay for the window to be obscure glazed. If the neighbour does not agree to this, it will pay Mrs X £3,000 to acknowledge the enduring impact and loss of privacy caused. It will also make a payment to Mrs X to acknowledge the distress caused and the time and trouble she has gone to pursuing her complaint.

Stroud District Council (21 000 264)

Statement Upheld Enforcement 23-Mar-2022

Summary: Mr B complains the Council has not taken enforcement action against a neighbouring development. He says the developer breached planning conditions and left spoil and shipping containers on site, which impacts on his enjoyment of the area. The Ombudsman finds fault in the delays and lack of communication in the Council’s enforcement investigation.

Stoke-on-Trent City Council (21 007 497)

Statement Closed after initial enquiries Enforcement 22-Mar-2022

Summary: We will not investigate this complaint about the Council’s decisions to issue a Certificate of Lawfulness of existing use of development and not to prosecute the applicant. There is not enough evidence of fault to justify an investigation.

Barnsley Metropolitan Borough Council (21 005 900)

Statement Closed after initial enquiries Enforcement 22-Mar-2022

Summary: Ms X complains about the Council’s delay in dealing with a planning breach. We will not investigate the complaint because we are unlikely to add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

Swale Borough Council (21 015 838)

Statement Closed after initial enquiries Enforcement 21-Mar-2022

Summary: Ms X complains about lack of planning enforcement against her neighbour by the Council. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council causing injustice to her.

North Devon District Council (21 016 649)

Statement Closed after initial enquiries Enforcement 21-Mar-2022

Summary: Mr X complains about lack of planning enforcement against a nearby development. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council and part of the complaint is out of time.

Mole Valley District Council (21 017 462)

Statement Closed after initial enquiries Enforcement 21-Mar-2022

Summary: We will not investigate this complaint about the Council’s actions following reports of breaches of planning control. From the information we have seen there is not enough evidence of fault to justify an investigation.

London Borough of Merton (21 002 909)

Statement Upheld Enforcement 21-Mar-2022

Summary: Mr X complained the Council failed to take action when he reported his landlord had erected a temporary structure in front of his property without planning permission. Mr X further complained about the way the Council handled his complaint about the matter. There was no fault in how the Council responded to Mr X’s report against his landlord. There was fault in the way the Council communicated with Mr X about the matter which the Council has agreed to apologise for.

Barrow-in-Furness Borough Council (20 009 461)

Statement Upheld Enforcement 21-Mar-2022

Summary: Mr and Mrs X complain about a lack of planning enforcement action on a neighbouring development. I find fault by the Council because of unreasonable delay in acting on Mr and Mrs X’s concerns. I recommend the Council now prioritise their concerns and make a time and trouble payment to them.