Summary: We will not investigate this complaint about a planning enforcement issue as there is not enough evidence of fault by the Council and we cannot achieve a worthwhile outcome at the present time.

The complaint

1. Mr X complains the Council failure to investigate an undeclared conflict of interest involving a Councillor and the potential for improper influence over planning and enforcement decisions involving premises next to Mr X’s home.

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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 there is not enough evidence of fault to justify investigating, or there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has carried out development without planning permission.
7. Mr X reported unauthorised development at premises near his home and the Council investigated and confirmed a breach of planning control.
8. Although there is a breach of planning control the Council has discretion over how to deal with the breach. The owner of the premises made an application to retain the development but the Council refused the application. The owner has now made a new application and the Council is currently considering this.
9. The Council has a duty to consider any valid planning application made to it and cannot reasonably take formal enforcement action while there are applications to retain the development which remain outstanding.
10. I appreciate Mr X wants the Council to take action immediately but there is no fault in its refusal to do so. Once the Council has decided the most recent application, and if it decides to refuse it, it will consider the matter further and decide what action to take. If Mr X is not happy with its decision and believes the Council has not properly considered the matter, he may wish to raise a new complaint. We could not currently achieve any worthwhile outcome for Mr X as the process is ongoing.
11. Mr X complains a Councillor initially failed to declare an interest in the enforcement matter but there is no evidence of fault in the way the Council dealt with this complaint. The Council’s response explains the reasons for its decision comprehensively and the decision is one the Council was entitled to reach.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council and we cannot achieve any worthwhile outcome for Mr X at the present time.

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Investigator's decision on behalf of the Ombudsman