Summary: We will not investigate this complaint about the Council’s delay in taking effective enforcement action against planning breaches at a business close to Mr X’s home. This is because an investigation is unlikely to add to that already undertaken by the Council or lead to a significantly different outcome.

The complaint

1. The complainant, who I refer to as Mr X, says the Council failed to deal with planning breaches at a business sited close to his home in a timely manner. An error by the Council in processing the Breach of Condition Notice it issued to the business led to further delay.

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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 do not start or may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council, including its responses to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council investigated Mr X’s complaint about its delay in taking effective planning enforcement action in relation to planning breaches from a business sited close to Mr X’s home which caused him to suffer noise nuisance and a loss of amenity.
6. The Council upheld Mr X’s complaint and accepted it had delayed in taking effective follow-up action following its issuing of a Breach of Condition Notice to the business in 2021. In recognition of its fault, and following Ombudsman guidance, the Council offered Mr X a financial payment. It subsequently added a further payment to its original offer in recognition of an administrative error in processing the Notice which meant a further delay in the Notice taking effect.
7. The Council acknowledged and apologised for its fault in its handling of Mr X’s case. The remedy offered by the Council is in line with what the Ombudsman might have proposed had we investigated the complaint and further investigation by us would not be proportionate.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation is unlikely to add to that already undertaken by the Council or lead to a significantly different outcome.

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Investigator's decision on behalf of the Ombudsman