Summary: We will not investigate this complaint about alleged breaches of planning conditions. We are unlikely to find there has been fault by the Council.

The complaint

1. The complainant, who I refer to here as Mr B, says the Council has failed to enforce conditions attached to planning permission for mineral extraction.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr B and the Council. I also considered our Assessment Code.

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My assessment

5. The Council has not ignored Mr B’s concerns about a possible breach of conditions. However, it has explained the conditions do not apply until mineral extraction has begun. The Council has determined this has not yet happened and so there can have been no breach.

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Final decision

6. We will not investigate Mr B’s complaint because we are unlikely to find there has been fault by the Council in how it has considered his concerns.

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Investigator's decision on behalf of the Ombudsman