Summary: Mr and Mrs X complain about a lack of planning enforcement action on a neighbouring development. I find fault by the Council because of unreasonable delay in acting on Mr and Mrs X’s concerns. I recommend the Council now prioritise their concerns and make a time and trouble payment to them.

The complaint

1. I refer to the complainants here as Mr and Mrs X. They complain about inaction by the Council on a planning enforcement investigation into their concerns about a neighbouring development. Mr and Mrs X raised concerns over the development in 2019. They now say:
• The Council reached an agreement with their neighbour that a static caravan would be removed from the neighbouring site in January 2020 but the caravan remains on site.
• The Council said it would investigate their concerns about a septic tank in 2019 but they are yet to receive a response from the Council since that time.
• The Council set a time limit for use of a generator to 9pm but the generator is regularly used beyond that limit with no enforcement action taken by the Council.

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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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I read the complaint and background information provided by Mr and Mrs X and the Council.

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What I found

5. Mr and Mrs X complained to the Council in October 2019 about a neighbouring development involving unauthorised use of a static caravan. The Council had previously established the position and use of the caravan on the site was unauthorised. It had also refused a retrospective planning application to retain the use. Officers had authority from members of the planning committee to take legal action if the property owner did not remove the caravan voluntarily.
6. The Council told Mr and Mrs X that it had reached an agreement with the property owner that the caravan would be removed by the end of January 2020. It told them it had approved an application for a welfare facility which would allow the potential for seasonal overnight accommodation but permanent occupation was not agreed.
7. In terms of Mr and Mrs X’s concerns about noise from use of a generator, the Council said a public protection officer had visited the site and confirmed the generator would be swapped. It said the officer had agreed with the property owner that use of the generator would be limited to a 9pm curfew.
8. The Council said the issue of the septic tank would be investigated.
9. Mr and Mrs X were initially content to await further action by the Council. There was an email exchange with the Council in March 2020 in which the Council iterated its intention to investigate their concerns. However, they heard nothing back from the Council. In January 2021, they contacted this service. We then forwarded the complaint to the Council as it had not yet exhausted the Council’s complaint process.
10. The Council told Mr and Mrs X that it had to do ‘some more work around potential actions’. It said a planning enforcement officer would update them on progress.
11. It said the noise complaint had been closed in March 2020 because Mr and Mrs X told its noise officers in November 2019 that the change of generator meant the noise was hardly audible from inside their home. It said officers had not heard anything since then from Mr and Mrs X. Its decision was that there was no statutory nuisance established by its officers.
12. The Council said it was looking into the issue of the septic tank. It said the enforcement officer would keep them updated.
13. Mr and Mrs X contacted the Ombudsman again in October 2021. They had not heard anything further from the enforcement officer. They say there is an ongoing noise problem from use of the generator until the early hours of the morning.

Finding

14. I find there has been unreasonable delay by the Council in addressing the planning enforcement concerns of Mr and Mrs X. The Council did not keep them informed of progress on its investigation. It did not address the septic tank matter despite a commitment to do so. I find fault by the Council
15. In terms of noise nuisance, the Council had informed Mr and Mrs X of the closure of the noise nuisance complaint. So if use of the generator continues to disturb them then they will have to raise their concerns anew with the noise officers. I appreciate this matter is tied to the Council’s planning enforcement investigation as enforcement action against unauthorised use of the caravan may lead to cessation of the noise. However, for the Council to establish there is a statutory nuisance requires Mr and Mrs X to restart a complaint.

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Recommended action

16. Where we find fault by a council we must go on to consider the injustice in consequence of the fault and a possible remedy for the injustice.
17. Here, I find unreasonable delay by the Council meant Mr and Mrs X have had to endure a negative impact on their amenities over the past three years since the planning committee’s resolution to authorise enforcement action. I consider a financial remedy is warranted.
18. I recommend payment of £300 to Mr and Mrs X for the distress they have suffered because of the Council’s inaction. I also recommend a payment of £100 for their time and trouble. This makes a total of £400 payable to them.
19. I recommend the Council now prioritise this planning enforcement investigation and come to a decision on the matter within two months of my final decision on this complaint.

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Draft decision

20. Subject to further comments by Mr and Mrs X and the Council, I intend to close this complaint provided the Council accepts the recommendations in this statement.

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Investigator's decision on behalf of the Ombudsman