Summary: We will not investigate this complaint about the Council’s failure to discharge planning conditions for a housing development before the properties are occupied. The Council confirms all except one condition have been discharged. As it is actively working with the developer on the final condition we do not consider that further investigation will lead to a different outcome.

The complaint

1. Mr X complains the Council failed to discharge planning conditions on a development for 150 homes before occupation. He says this places the health of the occupiers and those living nearby such as himself at risk from ground contaminated liquids and gases.
2. Mr X wants a formal independent investigation into both planning applications for the site and the overall safety of the nearby landfill.

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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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s complaint concerns a site close to a landfill site. The Council granted conditional planning permission for housing in 2015. Several conditions were to be discharged before sale and occupation of the homes. This did not happen.
7. In response to my enquiries, the Council says the conditions which Mr X is complaining about have all been discharged except one. This concerns maintaining a vent trench.
8. The Council says it received information to discharge the final condition. However because of a change to the route of the vent trench and a request to amend some wording, it is still discussing condition matter with the agents.
9. Having regard to the above, it appears that all but one of the conditions at the heart of Mr X’s complaint have been discharged. The only remaining outstanding condition is still under consideration.
10. We are not a regulatory body and under the circumstances, I do not consider an investigation will lead to a different outcome.

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Final decision

11. We will not investigate Mr X’s complaint because we do not consider an investigation will lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman