Summary: We will not investigate this complaint about a gas pipe being installed in the area where the complainant lives. This is because we are unlikely to find fault by the Council and cannot yet say if the complainant has been caused any significant injustice.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his complaint about a gas pipe being installed in the area where he lives. He says the pipe is not being installed in a suitable location and the construction is causing noise disturbance.

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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.

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

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How I considered this complaint

3. I have considered Mr X’s 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 can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately.
5. Permitted development rights are a national grant of planning permission which allows certain development to be carried out without making a planning application to the local planning authority. Subject to the specific nature of the works, councils have no control over these matters. Permitted development rights apply to certain development carried out by a gas transporter. This includes the laying of underground mains, pipes or other apparatus.

What happened

6. The Council received a planning application for an energy reserve facility on land near Mr X’s home. It considered the application and granted planning permission subject to conditions. One of these conditions required the developer to submit a construction management plan to the Council for approval before any works started. The developer submitted their construction management plan. The Council approved the plan, and the condition was discharged.
7. Mr X contacted the Council to complain about a gas pipe for the development being installed through the area where he lives. He said the pipe should have been installed through the development site. Mr X also complained the developer was breaching the planning conditions as they were not complying with the construction management plan.

Assessment

8. I will not investigate this complaint about how the Council dealt with Mr X’s concerns about a gas pipe being installed near his home. This is because I am unlikely to find fault by the Council and it is not yet possible to say if Mr X has suffered any injustice because of the possible breach of planning control.
9. Mr X has complained about the decision to install the gas pipe through the area where he lives. However, the gas company were able to install the pipe using permitted development rights and the Council had no control over these works or the location of the pipe. Therefore, it is unlikely I could say the Council was at fault in this regard.
10. Mr X has also complained the planning conditions for the new energy reserve facility are being breached as the developer is not complying with the approved construction management plan. He says this is causing noise disruptions and vibrations. However, the Council’s enforcement team is still investigating Mr X’s concerns about a possible breach of planning control. Therefore, it is not yet possible to say if Mr X has been caused any significant injustice as the Council may decide there has not been a planning breach or that enforcement action is not necessary.

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Final decision

11. We will not investigate this complaint. This is because we are unlikely to find fault by the Council and it is not yet possible to determine if Mr X has been caused any significant injustice.

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Investigator's decision on behalf of the Ombudsman