Summary: Mr X complains about the Council’s enforcement of a planning permission. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

2. Mr X complains about the Council’s enforcement of a planning permission.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

6. A development near Mr X had planning permission for the building of a number of properties. The planning permission had a condition which required that work take place between certain hours.
7. Mr X complained that the conditions were being breached and gave examples of vehicles arriving and gates being opened earlier than permitted.
8. The Council investigated and concluded that these activities, whilst technically in breach, did not cause such loss of neighbouring amenity as to warrant enforcement action.
9. The planning enforcement process we expect is as follows. We expect councils to consider allegations and decide what, if any, investigation is necessary. If the council decides there is a breach of control, it must consider what harm is caused to the public before deciding how to react. Providing the council is aware of its powers and follows this process, it is free to make its own judgement on how or whether to act.
10. I am satisfied that the Council properly investigated the alleged breaches. Mr X's dissatisfaction lies with the merits of the Council's decision but, in the absence of fault, the Ombudsman cannot criticise the Council's decision.

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Final decision

11. I do not intend to investigate this complaint because there is no evidence of fault and part of the complaint is out of time.
     

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Investigator's decision on behalf of the Ombudsman