Summary: We will not investigate this complaint about the Council deciding not to take planning enforcement action against a developer for breaching planning conditions. This is because there is insufficient evidence of fault to justify an investigation.

The complaint

1. Mrs X says the Council failed to properly consider her concerns regarding breaches of planning conditions she reported and failed to take planning enforcement action.
2. Mrs X says by not acting heavy vehicles are continuing to pass down an unsuitable road which causes a nuisance and could cause harm to people.

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The Ombudsman’s role and powers

3. 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))
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X has reported several alleged breaches of planning conditions concerning a new development near her property to the Council.
8. The Council investigated Mrs X’s reports and agreed there has been a breach of the planning conditions. The Council has said that it will continue to investigate matters and will keep Mrs X informed about any further action.
9. Mrs X believes the Council has wrongly interpreted part of the condition and that it should take action against the developer now. I appreciate Mrs X is not satisfied with the Council’s decision. However, the Ombudsman does not act as an appeal body against enforcement decisions. Our role is to consider if there is any fault in the way the decision was made.
10. The Council’s responses show it considered and accepted some of the breaches reported by Mrs X and there is not enough evidence of fault in its approach to warrant further investigation.

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Final decision

11. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman