Summary: We will not investigate this complaint about planning enforcement. This is because there is no evidence the Council is at fault and any injustice is not significant enough to justify an investigation.

The complaint

1. Mr X says the developer of a large-scale project has installed play equipment that was not specified on the original plans. He complains the Council has not used its planning enforcement powers to deal with this alleged planning breach.

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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
• any injustice is not significant enough to justify our involvement.
  (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complains the play area equipment near to his home has not been installed in line with approved plans. He asked the Council to use its planning enforcement powers to make the developer change the play equipment. Mr X also says the equipment that has been installed has missing elements.
6. The Council says it investigated the matter and deemed the variation to play equipment to be minor. The Council has properly exercised its discretion and chosen not to use enforcement powers. This is a decision the Council is entitled to make, and the Ombudsman would not criticise this. There is not enough evidence the Council is at fault to justify an investigation.
7. During the complaints process, the Council contacted the developer on an informal basis and is satisfied the play equipment will be improved. As a publicly funded body we must be careful how we use our resources and we will not investigate if there is not enough significant injustice. That is the case here, nor could we achieve more.

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Final decision

8. We will not investigate Mr X’s complaint because the is no evidence the Council is at fault and the injustice is not significant enough.

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Investigator's decision on behalf of the Ombudsman