City of Doncaster Council (23 002 089)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 08 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the Council’s failure to monitor and enforce requirements relating to travel plans for major developments in the area. This is because the Council has agreed to look into the issue and take any necessary action and it is unlikely we could achieve anything more for Mrs X by investigating.
The complaint
- The complainant, Mrs X, complains the Council has failed to monitor and enforce requirements for travel plan surveys and reviews relating to several planning permissions for development in the area.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X requested information from the Council about the reviews required under several planning permissions and the Council has confirmed it does not hold the information requested. Mrs X has therefore complained about the Council’s failure to monitor and enforce compliance with conditions and agreements relating to the travel plans.
- In response the Council has passed the cases onto the relevant teams to pursue and, if necessary, to enforce. Mrs X believes the Council should do more to proactively monitor compliance but there is no requirement for this. The Council has responded appropriately to Mrs X’s reports and it is unlikely we could achieve anything more for her by investigating the matter now.
Final decision
- We will not investigate this complaint. This is because the Council has confirmed it will address the concerns Mrs X has raised and it is unlikely investigation would achieve anything more for her at this time.
Investigator's decision on behalf of the Ombudsman