Summary: We will not investigate this complaint about the Council’s failure to ensure a development site is progressed according to planning conditions. The Council confirmed it is working with the relevant bodies to achieve compliance and discharge the planning condition. We consider that further investigation will not lead to a different outcome.

The complaint

1. Mr X complains the Council:
• failed to ensure a development site progressed according to the conditions on the planning permission; and
• ignored statutory requirements for the size of the development.
2. He wants the Council to require the developer to put in place a suitable surface water drainage system for the development.

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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 further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Planning permission was granted for two houses on a site next to Mr X’s home in 2020.
7. Compliance with the conditions of a planning permission lays with the applicant. The Council has a duty to investigate when it received reports of breaches of the planning permission
8. In January 2024, the Council advised the developer of surface water drainage concerns on Mr X’s property.
9. The developer provided a draft scheme for surface water attenuation to the Council in March 2024. Officers advised this must formalised through a Discharge of Conditions application to the Council. The Council says it reminded the developer between April and June.
10. The Council confirms the developer submitted an application to discharge the planning condition with plans for surface water drainage. It says it is currently liaising with the Local Lead Flood Authority (LLFA), the developer and Mr X to achieve proportionate and technically acceptable surface water drainage measures on the site.
11. The application to discharge the condition will not be approved until the Council and the LLFA are satisfied with the proposal and what is implemented on the site.

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Final decision

12. We will not investigate Mr X’s complaint because the Council is currently working to achieve a resolution to the drainage issues on site and is liaising with the relevant bodies. We consider that further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman