Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s decision to amend an approved foul water drainage scheme following advice from the relevant statutory undertaker. This is because it is unlikely we would find fault.

The complaint

1. The complainant, Mr X, complains about the Council’s handling of a planning enforcement matter concerning 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, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I reviewed the information provided by Mr X, shared my draft decision with him and considered his comments.

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What I found

4. The Council granted planning permission for development on land near to Mr X’s home more than five years ago. The planning permission required the developer to submit details regarding foul sewage to the Council for approval, in consultation with the relevant statutory undertaker (a water company).
5. The developer applied to discharge the condition several years ago and following advice from the water company, including that it intended to upgrade its infrastructure to support the new development, the Council approved the application.
6. The developer began work on the site but the water company had not completed its upgrades at the point the first new houses were ready for occupation. The agreed foul drainage scheme was therefore not implemented at this point. The Council accepts this amounted to a breach of planning control but decided not to take formal enforcement action as the water company was satisfied the arrangements were satisfactory. It therefore considered the purpose of the condition was met.
7. Sometime later, the developer, in consultation with the water company, sought permission from the Council to formally amend the drainage scheme. The Council referred the application to its planning committee and Mr X is unhappy with some of the comments made by officers. He considers it unacceptable that the Council did not have the expertise to challenge the water company’s comments/recommendation and believes the amended scheme is insufficient. He refers to a letter from the water company which states a capacity check may be required but says this has not been carried out.
8. The Ombudsman will not investigate this complaint. Councils will seek to ensure adequate foul water drainage schemes for new developments but this will usually involve consultation with the relevant statutory undertaker. The water company is a private utility company with greater knowledge of their infrastructure and what is required to deal with a development of this size. It is not fault for the Council to rely on their responses either as part of the original application or the subsequent applications to discharge the condition and the evidence provided by Mr X shows the Council properly considered and queried their advice where appropriate. The minutes of the planning committee meeting also show the water company explained why they considered the scheme was acceptable and the Council is entitled to rely on its advice.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman