London Borough of Hammersmith & Fulham (19 008 401)

Statement Upheld Enforcement 10-Sep-2020

Summary: Miss B complains the Council did not take enforcement action against breaches of planning consent by a neighbouring café. Miss B says activity in and outside the café at unsociable hours impacts on her enjoyment of her property. The Ombudsman finds fault in how the Council investigated Miss B’s concerns.

Mendip District Council (19 009 379)

Statement Upheld Enforcement 08-Sep-2020

Summary: Mr X complains the Council has failed to ensure landscaping and maintenance of opens spaces have been carried out by the developers of the land. He says this has caused pathways to become overgrown and untidy. The Ombudsman finds fault with the Council as it did not consider taking enforcement action after the developer stopped communication. There is also fault with the Council’s complaint handling. The Council has agreed to remedy the injustice caused to Mr X.

Sedgemoor District Council (19 020 251)

Statement Not upheld Enforcement 07-Sep-2020

Summary: Mr Y says the Council did not follow the correct process when responding to reports of nuisance and planning breaches from a nearby restaurant. The Ombudsman finds no evidence of procedural fault in the Council’s actions. The investigation was prolonged and remains ongoing, however this is mostly due to factors outside of the Council’s control.

Maidstone Borough Council (19 014 630)

Statement Upheld Enforcement 03-Sep-2020

Summary: Mr X complains about the Council’s failure to take enforcement action against a breach of planning control, affecting his amenity and privacy. The Ombudsman finds the Council at fault because it did not follow its planning enforcement policy or a proper decision making process. The Ombudsman recommends the Council provides Mr X with an apology, makes a payment for time and trouble, distress and lost opportunity and, takes action to prevent recurrence.

Hinckley & Bosworth Borough Council (19 015 403)

Statement Not upheld Enforcement 03-Sep-2020

Summary: Mr X complains the Council failed to properly deal with planning applications and approved something that could not be built. He also complains it failed to take enforcement action and this has created highway safety issues. The enforcement matter is the focus of this investigation. There is no fault as the Council properly investigated the breach of planning control and then used its professional judgement to decide not to take formal enforcement action.

East Lindsey District Council (19 019 632)

Statement Closed after initial enquiries Enforcement 03-Sep-2020

Summary: Mrs C complains the Council did not require a flood risk assessment as part of a 2016 planning application which is likely to cause flooding. The Ombudsman has ended his investigation due to the passage of time and because we are unlikely to find fault.

Herefordshire Council (20 000 412)

Statement Closed after initial enquiries Enforcement 01-Sep-2020

Summary: Mrs X complained about the Council refusing planning applications for a log cabin which she built for residential use. She also says it is unreasonably taking enforcement action against her for using the cabin as a dwelling. The Ombudsman cannot investigate this complaint. This is because Mrs X has exercised her rights of appeal to the Planning Inspectorate against the planning decisions and the enforcement notice served on her. She is also taking court action over one of the applications which prevents the Ombudsman from considering the matter, even if it had been received in time.

Havant Borough Council (20 002 274)

Statement Closed after initial enquiries Enforcement 26-Aug-2020

Summary: Ms X complains that the Council will not withdraw two planning Enforcement Notices against her. The Ombudsman will not investigate this complaint because there was a right of appeal to a Planning Inspector and the notices have now expired so nothing further would be achieved by investigation.

Worcester City Council (19 016 869)

Statement Upheld Enforcement 25-Aug-2020

Summary: There was fault in how the Council considered Mr X’s report of a breach of planning control and it missed an opportunity to take action to address this. The Council has agreed to apologise to Mr X, pay him £100 to acknowledge the uncertainty caused, and act to improve its service.

Preston City Council (20 002 236)

Statement Closed after initial enquiries Enforcement 25-Aug-2020

Summary: The Ombudsman will not investigate this complaint about the Council failing to take further enforcement action. This is because it is unlikely we would find evidence of fault by the Council and the complainant has not suffered any personal injustice as a result of the alleged fault.