Summary: We will not investigate this complaint about the way the Council considered Mr X’s complaint. The Council has acknowledged the delays in its responses. It has apologised and offered him £200 in recognition of the time and trouble he has spent in pursuing his complaint.

The complaint

1. Mr X says the Council failed to properly deal with his complaint about the way it dealt with his report of a breach of planning control.

He says the Council has failed to acknowledge the behaviour of officers, the unacceptable delay and the disregard for transparency and accountability.

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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 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

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

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My assessment

5. The Council confirms it investigated Mr X’s report of a breach of planning control. It sought a retrospective planning application from the landowner. It also says it sent Mr X a letter with a link to its website which Mr X could use to check the progress of the planning enforcement investigation.
6. Mr X says he did not receive the letter. I understand he suspects this was never sent.

7. I cannot say why Mr X did not receive the letter. However, the Council:
• Investigated Mr X’s report of a breach of planning control.
• Advised Mr X by email (in response to an enquiry) that it had received a retrospective planning application and advised of the reference number so Mr X could have submitted representations.
• Considered the retrospective planning application.
• Granted planning permission which regularised the breach of planning control on the site.
• Apologised for the delay in responding to Mr X’s complaint.
• Offered £200 in recognition of the time and effort Mr X has spent in pursuing his complaint.

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Final decision

8. We will not investigate Mr X’s complaint because I do not consider that further investigation will lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman