Summary: We will not investigate this complaint about a report of a breach of planning control. We have not seen evidence of fault in the Council’s actions which justifies an investigation.

The complaint

1. The complainant, who I shall refer to as Ms C, complains the Council failed to take enforcement action against a developer for breaching planning conditions. She says it delivered noisy, heavy machinery to the site outside the working hours stated in the planning permission.

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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))
3. 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)

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How I considered this complaint

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

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My assessment

6. Ms C complains the developer breached planning conditions by delivering noisy machinery outside the hours of work allowed by the planning permission.
7. However, the Council has explained the planning permission which has been implemented for the current phase of the development does not contain restrictions on hours of work. I have checked the relevant planning documents available online. I have also checked the approved construction method statement (CMS). Neither the relevant planning permission nor the approved CMS contain restrictions to the hours of work at the site.
8. Therefore, the developer has not breached the planning conditions by delivering noisy machinery between 1830 and 1900 hours on a Friday evening.

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Final decision

9. We will not investigate Ms C’s complaint because we have not seen evidence of fault in the Council’s decision not to take enforcement action against the developer.

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Investigator's decision on behalf of the Ombudsman