Cheshire East Council (19 014 245)

Statement Upheld Enforcement 31-Mar-2021

Summary: Mr Q complains about the Council’s response to various matters connected to problems he reports with waterlogging and flooding of land. We find fault in how the Council has reviewed drainage arrangements serving a nearby housing development, agreed following an earlier complaint. We consider this fault has cause injustice to Mr Q (and others) in the form of ongoing uncertainty about whether more might be done to alleviate the problems he reports. The Council accepts this finding and has agreed action to remedy this injustice. The details are set out at the end of this statement.

City of York Council (20 011 400)

Statement Closed after initial enquiries Enforcement 30-Mar-2021

Summary: Mrs X complained about the Council’s failure to take enforcement action against her neighbour for building an extension roof higher than the approved plans. We will not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

London Borough of Newham (20 012 820)

Statement Closed after initial enquiries Enforcement 30-Mar-2021

Summary: We cannot investigate Ms X’s complaint about the Council’s enforcement actions. Ms X used her right of appeal to the planning inspector and is required to comply with the enforcement notice.

East Suffolk Council (20 005 649)

Statement Upheld Enforcement 26-Mar-2021

Summary: The Council gave incorrect advice on a planning enforcement matter. This was fault and put the complainant to unnecessary time and trouble. A recommendation for a time and trouble payment is made.

West Lindsey District Council (20 012 203)

Statement Closed after initial enquiries Enforcement 26-Mar-2021

Summary: We will not investigate Mrs X’s complaint about the Council’s decision not to enforce against a business owner creating a car park access in a front boundary wall. There is not enough evidence of fault by the Council to warrant our investigation. Even if there has been fault by the Council here, the matter does not cause Mrs X sufficient personal injustice to justify our investigation.

London Borough of Islington (19 014 128)

Statement Upheld Enforcement 25-Mar-2021

Summary: The Ombudsman found fault by the Council on Mr Y’s complaint of it failing to take enforcement action properly and promptly about the conversion of units from business to residential use without consent. Fault included: delay; failing to have a clear strategy for pursuing action when faced with non-cooperation; a lack of updates to Mr Y; failing to decide whether a rear extension breached planning consent. The agreed action remedies the injustice caused.

Gateshead Metropolitan Borough Council (20 002 379)

Statement Upheld Enforcement 25-Mar-2021

Summary: Mr X complains the Council has failed to deal with a breach of planning control in the housing development behind his home and took too long to deal with his complaint. The Council has already apologised for the delay in its complaint response and has accepted there was fault in its planning report. We find this fault did not cause significant injustice. There was no fault in the way the Council decided there had been no breach of planning control.

Gateshead Metropolitan Borough Council (20 007 757)

Statement Upheld Enforcement 25-Mar-2021

Summary: Mr and Mrs Y complain the Council has failed to deal with a breach of planning control in the housing development behind their home, did not investigate their complaint properly and has ignored their correspondence. The Council has already apologised for the delay in its complaint response and has accepted there was fault in its planning report. This fault did not cause significant injustice. There was no fault in the way the Council dealt with the breach of planning control.

Burnley Borough Council (20 011 803)

Statement Closed after initial enquiries Enforcement 25-Mar-2021

Summary: Mr X complains the Council has misinterpreted the relevant planning legislation in deciding a gate installed in his road does not require planning permission. We will not investigate the complaint because I have seen no evidence of fault by the Council.

Buckinghamshire Council (20 010 990)

Statement Closed after initial enquiries Enforcement 23-Mar-2021

Summary: We will not investigate Mr X’s complaint the Council allowed a builder to use a skip, blocking the road, to remove building waste from near his home. The Council has not caused Mr X an injustice.