Summary: We will not investigate Miss X’s complaint about alleged breaches of planning control by a neighbouring landowner. This is because the Council has explained the reasons it cannot take action and there is not enough evidence of fault affecting its decision. We will not investigate Miss X’s complaint about the landowner’s planning application from 2014 as it is unlikely we could effectively investigate the issue so long after the event or that we would find fault by the Council. We also cannot achieve the outcome Miss X wants.

The complaint

1. The complainant, Miss X, complains the Council has failed to investigate and act on breaches of planning control by a neighbouring landowner. She also complains it has failed to act on her concerns that a planning application from 2014 looks to her to be fraudulent. She is concerned about the impact of the alleged breaches on road safety and is concerned they may result in an accident.

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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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Miss X’s representative, Mr Y, and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has explained that the alleged breaches Miss X has reported are out of time for investigation; it granted planning permission for the development more than 20 years ago and the breaches first started more than 10 years ago. The law therefore prevents the Council from taking formal action now.
6. Miss X believes the alleged breaches should always remain enforceable as they go to the heart of the matter she is complaining about but this is not the position in law. The Council is satisfied the breaches are immune from enforcement action and I have seen nothing to suggest this is incorrect. There is therefore no basis for us to question the Council’s decision.
7. Miss X also refers to a more recent planning permission granted by the Council and alleges the landowner’s application for this was fraudulent. But this matter dates back some 10 years and concerned the use of part of the site; it is not directly relevant to the breaches she has reported and does not bring enforcement issues relating to the original planning permission back into time.
8. I have in any event seen no clear evidence in support of Miss X’s claim about the application being fraudulent and we have no power to investigate the actions of the landowner. We could only find fault by the Council if it had ignored valid concerns raised at the time and it is unlikely we could effectively investigate this issue so long after the event. We also cannot say the Council should revoke the planning permission or that it must take formal action against the landowner as Miss X would like.
9. It is also relevant that Miss X purchased her property within the past five years and the concerns she raises relate to issues which were present at that time. The price she paid for the property (and which the seller agreed to accept) likely took the issues into account and had Miss X felt they were unacceptable she could have reduced her offer or bought a property elsewhere. We could not therefore say any issues with the application, or any fault by the Council in the way it dealt with it, caused the injustice she now claims.
10. Miss X has raised separate concerns about noise and dust pollution from the neighbouring site but these matters were not part of her complaint to the Council and would be dealt with separately under environmental protection legislation. If Mrs X believes the noise and dust may amount to a statutory nuisance she should raise the matter with the Council’s environmental health team and ask them to investigate.

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Final decision

11. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and we cannot achieve the outcome Miss X wants.

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Investigator's decision on behalf of the Ombudsman