Summary: We will not investigate this complaint about the Council not resolving an alleged breach of planning control quickly. The Council is still investigating and we cannot intervene, so we could not achieve anything worthwhile for the complainant.

The complaint

1. Mr G complains the Council has failed to take planning enforcement action against unauthorised business activity causing him serious disturbance. Another part of the same business is the subject of another complaint to the Council and to the Ombudsman, and the Council has served an abatement notice to control the noise disturbance Mr G has experienced.

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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 the complainant, and the other case we have investigated.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council says it acknowledged in January 2022 Mr G’s reports of unauthorised business activity related to the same premises involved in another investigation where it is taking formal action to control noise disturbance.
6. In March 2022 the Council was still investigating Mr G’s later reports of disturbance from unauthorised use of the premises. It is therefore too soon for the Ombudsman to investigate or reach conclusions about what the Council has done. Planning investigations are confidential, often complex, and may take many months to complete. The Ombudsman has no powers to intervene in an ongoing council investigation.

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Final decision

7. We will not investigate Mr G’s complaint because we could not achieve anything worthwhile until the Council has completed its own investigations and responded to any complaint from Mr G about them.

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Investigator's decision on behalf of the Ombudsman