Summary: We will not investigate this complaint about how the Council dealt with a possible breach of planning control. This is because it is unlikely we would find fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council has dealt with a breach of planning control at a site near his home. He says vibrations from the development have damaged his property.

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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 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.

What happened

5. In 2018, the Council received a planning application for a site near Mr X’s home. The applicant sought permission to demolish existing buildings at the site and complete ground remediation works. The Council granted permission subject to conditions. One of these conditions required the developer to comply with a vibration assessment.
6. In 2020, Mr X contacted the Council to complain the developer was breaching the planning conditions as they were not complying with the approved vibration assessment. Mr X says his property is being damaged as a result.
7. The Council looked into Mr X’s concerns but decided it has no grounds on which to take formal enforcement action as it is satisfied the planning conditions are not being breached. Mr X is unhappy with this decision. He says the Council has ignored the information he provided and instead based its decision on incorrect and misleading information from the developer.

Assessment

8. I will not investigate this complaint about how the Council dealt with a possible breach of planning control. This is because it is unlikely I would find fault by the Council.
9. I am satisfied the Council properly considered Mr X’s concerns about a possible breach of planning control before deciding formal enforcement action was not necessary. An officer from the Council visited the site in response to Mr X’s concerns. The enforcement officer also requested further information from the developer and arranged for the Council’s geotechnical team to complete an assessment in relation to the vibration levels at the site. The assessment concluded the vibration levels did not appear to be exceeding the levels set by the planning condition. Therefore, the Council decided not to take any further action as there had not been a breach of planning control.
10. I understand Mr X disagrees. But it is for the Council to decide if there has been a breach of planning control and the Ombudsman cannot question the Council’s professional judgment in this regard unless it is tainted by fault. As the Council properly considered the matter before deciding the planning condition had not been breached, it is unlikely I could find fault.
11. Furthermore, Mr X says his home has been damaged by the vibrations. However, the Ombudsman would not usually investigate complaints about damage to a person’s property because of a planning application as this would be a private civil matter between Mr X and the developer.

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Final decision

12. We 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