Chelmsford City Council (23 008 283)

Category : Planning > Enforcement

Decision : Closed after initial enquiries

Decision date : 02 Oct 2023

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about the Council’s decision not to take enforcement action for an alleged unauthorised use of a building near his home. This is because there is not enough evidence of fault by the Council.

The complaint

  1. The complainant, Mr X, complains the Council has failed to take enforcement action for a breach of planning control causing noise and light disruption at unsocial hours.

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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 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

  1. The Council has investigated Mr X’s concerns but decided, after seeking legal advice, that there is no breach of planning control.
  2. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision.
  3. From the evidence I have seen the Council has properly considered the issue and there is no basis for us to question its judgement on the issue. In the event the alleged unlawful use intensifies Mr X may refer the matter back to the Council to consider further. In the meantime, the Council has suggested Mr X report his concerns about noise and light disruption to it environmental health department and this seems a sensible way forward.

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Final decision

  1. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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