Summary: We will not investigate this complaint about the Council’s approval of a planning application and its enforcement of the approved plans. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s approval of plans in 2021 for the development of a site near a river in his area which he says has increased the danger of flooding in the local area. He says that the work which has started has led to the removal of banking which will weaken flood defence sin the vicinity. He wants the Council to take enforcement action against the developer.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered the information provided by the complainant and the Council’s responses to the complaints.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says development in his area which was approved by the Council has led to the removal of banking in an area which is prone to flooding. He says the Council should not have approved development which weakens flood prevention. He believes the Council should make the developer re-instate the banking which he says should not have been removed.
6. The Council is the local planning authority and it says it consulted the Local Lead Flood Authority, which is the County Council, the Environment Agency and the local drainage board when the plans were considered. There were no objections on flooding concerns by these statutory consultees. The Council approved the plans subject to conditions in 2021.
7. The Council says there is no evidence that the development which has taken place does not comply with the approved plans so it cannot take enforcement action. It says it has passed Mr X’s concerns to the Lead Flood authority and that an investigation will be undertaken into flooding in the locality generally, including the site in question which will be visited to ensure it is complaint with the plans.

The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made. There is insufficient evidence of any fault by the Council which we would be able to investigate.

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Final decision

8. We will not investigate this complaint about the Council’s approval of a planning application and its enforcement of the approved plans. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman