Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement matter. This is because there is not enough evidence of fault by the Council and we cannot achieve any worthwhile outcome for Mr X by investigating at this stage.

The complaint

1. Mr X complains the Council has failed to take enforcement action against a developer for failing to comply with a planning condition.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

4. The Council has confirmed it will not take any formal enforcement action at present because there is an ongoing dispute between Mr X and the developer. Although Mr X says this is not the case, the evidence he has provided shows it is.
5. While I have sympathy with Mr X’s position I have seen no evidence to show there was any fault by the Council affecting its decision and as we have previously explained we cannot dictate what action it must take. We cannot therefore achieve any worthwhile outcome for Mr X by investigating his complaint at this stage as we cannot make the Council enforce the planning condition.
6. Once the dispute between Mr X and the developer has been resolved, and if the developer does not then comply with the condition, Mr X may refer the matter back to the Council to consider further. If it fails to take action within a reasonable period, or if it declines to consider the matter further, Mr X may make a new complaint. Any new complaint would have to be raised with the Council in the first instance and we could only consider it once the complaint has exhausted the Council’s complaints process.

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Final decision

7. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman