Summary: The Ombudsman will not investigate this complaint about how the Council dealt with a breach of planning control or its decision to discharge a planning condition. This is because it is unlikely he will find fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with a breach of planning control. He is also unhappy with its decision to discharge a planning condition for a development near his home.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered the complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision and have considered his comments in response.

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What I found

4. Planning authorities may take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has not complied with planning conditions. It is for the Council to decide if there has been a breach of planning control and what, if any, enforcement action is necessary. There is no requirement for a Council to take immediate action where there has been a breach and government guidance encourages Councils to resolve matters without the need for formal action where possible. Formal enforcement action should only be taken where it is expedient to do so and often only used as a last resort.

What happened

5. The Council granted planning permission for a large development near Mr X’s home. Mr X and other residents raised concerns about possible disturbances from members of the community using the new development. A condition was attached to the planning permission which said a community use agreement, detailing how the site could be used by the public, should be submitted to and approved by the Council before occupation of the new building. Mr X contacted the Council in January 2018 to complain as the new building was being used before the Council had approved the community use agreement. The Council looked into Mr X’s concerns and agreed there had been a breach of planning control. The developer submitted the community use agreement to the Council in November 2018. The Council approved the agreement and discharged the planning condition.
6. Mr X has complained about the Council’s decision to discharge the planning condition and says the developer did not send the agreement to residents for approval before submitting it to the Council. Mr X believes the Council approved the agreement to avoid embarrassment as the new development had been occupied for some time in breach of the planning conditions.

Assessment

7. I will not investigate Mr X’s complaint about how the Council dealt with a breach of planning control or its decision to discharge a planning condition. This is as it is unlikely the Ombudsman would find fault by the Council.
8. Mr X has complained the Council allowed the development to be occupied for almost a year without complying with planning conditions. However, when planning conditions are breached, it is for the Council to decide what, if any, enforcement action is necessary. It is not unusual for a Council to try and resolve issues informally and it can only take enforcement action if it is expedient to do so. In this case, the Council looked into Mr X’s concerns about the breach of planning control and liaised with the developer about the community use agreement. However, it decided formal enforcement action was not proportionate. As the Council considered these issues, it is unlikely I would find any fault.
9. Mr X has also complained about the Council’s decision to approve the community use agreement and discharge the planning condition. However, it is also unlikely I would find fault in this regard. I understand Mr X disagrees, but the Council considered the agreement and consulted Sports England before deciding the proposal was acceptable. Mr X says the Council’s planning committee noted the importance of the parties working together to prepare the community use agreement and the Council should have consulted residents to ensure they accepted the agreement. But there was no requirement for it to do so. It also asked the developer to confirm it had been in contact with residents about the proposed community use before it discharged the planning condition.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because it is unlikely he would find fault by the Council.

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Investigator's decision on behalf of the Ombudsman