Summary: We will not investigate this complaint about the way the Council dealt with a breach of planning conditions and the complaints procedure. We do not consider the Council’s actions caused Ms X sufficient personal injustice. Nor do we consider an investigation will lead to a different outcome.

The complaint

1. Mrs X complains the Council mishandled a breach of planning control at the block of flats where she lives. She says:
• She and other leaseholders were not told of the Breach of Condition Notice issued by the Council in 2023; and
• The Council delayed in responding to her enquiries and complaints.
2. Mrs X says this caused her to lose a buyer for her flat. She wants:
• A formal apology.
• Written confirmation that the Breach of Condition Notice will be resolved once the bin store is installed with no further enforcement action taken.
• Compensation for financial loss, time and trouble.

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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:

• any injustice is not significant enough to justify our involvement, or
• 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 Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In 2023 the Council served a Breach of Condition Notice (the notice) on the developer of the block of flats where Mrs X now lives. It says it tried to contact the developer by telephone and email. It invited a director of the company to attend an interview under caution. However, they did not attend.
7. In 2024 the developer went into liquidation. The responsibility for the breach of planning conditions has passed to the various owners of the flats.
8. I understand Mrs X is concerned that neither she, nor any other flat owners, were told about the notice. However, outstanding planning conditions would have been available to prospective purchasers as part of a property search during the conveyancing process. If Mrs X was not made aware of the outstanding planning conditions, when she bought her flat, she can take this up with her conveyancer.
9. The Council has confirmed in writing to Mrs X that it will not pursue the outstanding soft landscaping, a disabled parking space according to the approved plans and cycle parking. Therefore, once the bin store is installed, no further action will be taken. I consider further investigation will not lead to a different outcome.
10. Mrs X also complains the Council delayed in responding to her complaints. We expect a council to follow its published complaint procedure. However, we do not consider failure on this point alone to justify an investigation.

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Final decision

11. We will not investigate Mrs X’s complaint because we do not consider the Council’s actions have caused sufficient personal injustice to Mrs X. This is because:
• responsibility for ensuring she knew about the outstanding planning conditions when she bought her home lays with her conveyancer; and
• while a failure to follow the complaint procedure caused some delay and uncertainty, this is not a reason to carry out an investigation.

Also, we consider further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman