Summary: We will not investigate how the Council has dealt with the complainant’s concerns about possible planning breaches. It is unlikely we would find fault by the Council.

The complaint

1. The complainant, who I refer to here as Mr C, has complained the Council has not taken action over what he regards as planning breaches. This relates to activity at a site near Mr C’s home.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr C which included the Council’s response to his concerns. I have also considered our Assessment Code.

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My assessment

4. The Council has provided a full and reasonable response to Mr C’ s complaint and investigation would add nothing significant to what we know.
5. The Council has not ignored Mr C’s concerns but has explained why it will not take action. In summary, this is either because there is no breach of planning control or the Council has decided it would not be expedient to tale enforcement action.

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Final decision

6. We will not investigate Mr C’s complaint because it is unlikely we would find there has been fault by the Council.

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Investigator's decision on behalf of the Ombudsman