Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action against an industrial unit next to Mr X’s home. This is because there is no evidence of fault in the way the Council has reached its decision.

The complaint

1. Mr X complains the Council has failed to take action against an industrial unit next to his home which is operating in breach of planning permission. Mr X says he and other residents are subject to unacceptable noise and fumes from the unit.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The current occupants of the industrial unit have been operating from the land since 2010. Prior to that the unit was used for a similar purpose by other occupants from 2006.
6. The Council says it is unable to take enforcement action regarding the current use of the unit or for the breach of planning conditions as the use and possible breaches have been ongoing for more than 10 years.
7. The law says that councils and other local planning authorities cannot take enforcement action where a breach of planning control, similar to the one Mr X’s is complaining about, has been ongoing for more than 10 years. Therefore there is no evidence of fault in the Council’s decision not to take enforcement action and we will not investigate this complaint.
8. Mr X wants the Council to force the occupants of the unit to apply for a certificate of lawful use. The occupants of the unit can apply for this to confirm that activities on site are immune from planning enforcement action but there is no requirement for the Council to insist that they apply for this. Therefore there is no evidence of fault in the way the Council has dealt with Mr X’s complaint and we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because there is no evidence of fault in the Council’s decision not to take enforcement action.

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Investigator's decision on behalf of the Ombudsman