Summary: We will not investigate this complaint about the Council’s decision that it could not enforce a notice served under section 215 of the Town and Country Planning Act 1990. The Council confirms the Environment Agency is monitoring the affected site and requires it to be cleared. Once the Environment Agency has finished its work it will review the site and decide what action, if any it should take. We consider that further investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, I shall call Mr X, complains for his mother, Mrs Y. He complains the Council has failed to enforce a notice instructing a neighbour to clear a site.
2. Mr X says the site is an eyesore and should be cleared of waste and the neighbour stopped from operating.

Back to top

The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X complained to the Council about its failure to enforce a notice it issued to a neighbour under section 215 (s215) of the Town and Country Planning Act 1990. The notice required the landowner to remove certain items from the site.
7. The Council advised Mr X the Environment Agency had granted the neighbour a licence to store waste in sealed containers on the site. Therefore, it could not enforce the s215 notice. Mr X disagreed.
8. However, since making this complaint, the Environment Agency has now withdrawn the licence to store the waste. The Council has confirmed the Environment Agency will now monitor the site and require the waste to be removed. Once the Environment Agency has completed work on the site, the Council confirms it will review the site. It will then decide whether it needs to take further action.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because the Council has confirmed it will review the site once the Environment Agency has completed its work and decide what action, if any, it should take. We consider that an investigation is unlikely to lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman