Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement matter. This is because we cannot say the Council was wrong in the way it interpreted a planning condition and it is unlikely we could achieve any worthwhile outcome for Mr X.

The complaint

1. The complainant, Mr X, complains the Council has wrongly interpreted the meaning of a planning condition restricting use of business premises near his home. He says that as a result it has failed to take enforcement action against the business and this causes noise and disturbance.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. 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 X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I understand Mr X does not agree with the Council’s interpretation of the condition but we cannot say it is wrong. We also could not say the Council’s wording of the condition was flawed as too much time has passed since the decision was reached and there is not enough evidence to show it intended the condition to say something else.
6. The Council has considered the breaches reported by Mr X and it has now taken action against the business owner. It has also responded to Mr X’s complaints and explained he should continue to report any further breaches of the condition so that it can take further action. It is unlikely investigation would add to the Council’s responses to Mr X’s complaints or that it would achieve anything more for Mr X.

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Final decision

7. We will not investigate this complaint. This is because it is unlikely we could add to the Council’s responses to Mr X’s complaints or that investigation would achieve any worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman