Summary: We will not investigate this complaint about the Council’s decision not to take planning enforcement action because there is no evidence of fault.

The complaint

1. Mr X complains that highway works required by a legal agreement (which forms part of a large residential development planning permission have not been carried out by the developer and the Council has not taken enforcement action.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X says that the developer of a large residential site was obliged to carry out alterations to the highway once a certain percentage of houses had been occupied. However, he says that this has not happened and the Council has refused to take planning enforcement action against the developer to ensure this work is done.
6. The Council says it has considered action against the developer but says that the developer has been delayed because of a delay in putting a legal condition in place. Nevertheless, the Council says they have asked the developer to proceed with the work and expect the matter to be resolved soon. They add that the Highways department have not expressed any significant concerns about road safety from the delay.
7. The planning enforcement process we expect is as follows. We expect councils to consider allegations and decide what, if any, investigation is necessary. If the council decides there is a breach of control, it must consider what harm is caused to the public before deciding how to react. Providing the council is aware of its powers and follows this process, it is free to make its own judgement on how or whether to act.
8. I appreciate Mr X’s concern but I am satisfied that the Council has properly considered whether or not to commence enforcement action. Their decision is a professional judgement made without administrative fault and so the Ombudsman cannot criticise their actions or decision at this stage.

Back to top

Investigator's decision on behalf of the Ombudsman