Oxfordshire County Council (20 003 438)

Statement Closed after initial enquiries Enforcement 01-Dec-2020

Summary: Mr X complains about the Council’s decision not to allow him to retain wooden posts he erected around his grass verges. The Ombudsman will not investigate the complaint because Mr X has appeal rights to the Planning Inspector which we would reasonably expect him to use.

Ashford Borough Council (20 005 562)

Statement Closed after initial enquiries Enforcement 01-Dec-2020

Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s planning enforcement investigation as there is not enough evidence of fault. We will not investigate Mrs X’s complaint about the Council’s delay in dealing with her planning application as it would have been reasonable for her to appeal.

East Cambridgeshire District Council (20 004 475)

Statement Closed after initial enquiries Enforcement 30-Nov-2020

Summary: The Ombudsman will not investigate Mr X’s complaint that the Council decided not to take enforcement action to remove a gate and fence erected two years ago. The Council has considered relevant information and is entitled not to enforce. There is insufficient evidence of fault.

Cornwall Council (19 020 214)

Statement Upheld Enforcement 27-Nov-2020

Summary: The Council did not properly consider whether a developer had breached conditions attached to a planning permission. This is fault, but it did not cause injustice, because the matter was resolved as part of a subsequent planning application. There was no fault in how the Council considered whether there was a nuisance arising from fumes on the development site. The Council’s complaint handling was unnecessarily complicated, but this did not cause injustice. For this reason, we have completed our investigation.

Wychavon District Council (20 005 313)

Statement Closed after initial enquiries Enforcement 27-Nov-2020

Summary: The Ombudsman cannot investigate this complaint about how the Council dealt with a breach of planning control and retrospective planning application. This is because the complainant has already appealed to the Planning Inspectorate.

North Somerset Council (20 001 292)

Statement Closed after initial enquiries Enforcement 25-Nov-2020

Summary: The complainant says the Council refuses to take enforcement action against his neighbour for a breach of planning control and unsafe porch. The Ombudsman will not investigate this complaint as we have not seen any evidence of fault in the way the Council made its decision.

Fylde Borough Council (20 003 101)

Statement Not upheld Enforcement 25-Nov-2020

Summary: Mr X, on behalf of Mrs Y, complains the Council has not followed the correct procedures when redeveloping an outdoor water play area and has failed to deal with complaints of noise nuisance from the play area. The Council used its professional judgement and took the view the works were permitted development and so no planning application or procedures were required. The Council investigated the noise complaints and decided no further action was justified as there was no statutory nuisance.

Durham County Council (20 005 402)

Statement Closed after initial enquiries Enforcement 25-Nov-2020

Summary: The Ombudsman will not investigate Ms X’s complaint that the Council has granted retrospective planning permission for a neighbour’s fence. There is insufficient evidence of Council fault and investigation will not achieve the outcome Ms X wants.

Harrogate Borough Council (19 017 466)

Statement Not upheld Enforcement 24-Nov-2020

Summary: Ms Y complains about the development of a new housing estate behind her property, which she says has not been built in accordance with the approved plans. The Council considered Ms Y’s report of a possible breach of planning control, visited the site and measured the height and elevation of the houses being built. It decided there was no breach to enforce against. The Council followed its policy when considering whether to take enforcement action, and we do not uphold the complaint.

North West Leicestershire District Council (20 006 523)

Statement Closed after initial enquiries Enforcement 23-Nov-2020

Summary: Mr X complains about lack of planning enforcement action by the Council in relation to a neighbouring property. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council causing significant personal injustice to Mr X.