Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against breaches of planning control near his home. We do not consider Mr X has suffered a significant personal injustice to warrant an investigation. And we cannot achieve the outcome he is seeking.

The complaint

1. Mr X complains the Council has failed to take enforcement action against breaches of planning control at a site on the road where he lives.
2. He says this has allowed pollution to enter the watercourse which affects his neighbour more than him. He also says the lack of enforcement action has enabled danger from traffic leaving the site.
3. Mr X wants us to:
• Require the Council to make the developer apply for retrospective planning permission.
• Obtain a full drainage survey for the site.
• Carry out a site survey to check the approved splay plan; and
• Enforce the condition requiring full complainant with the planning condition before the houses are occupied.

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The Ombudsman’s role and powers

4. 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
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mr X lives more than 100 metres from the development site. He has advised the installation of sewerage treatment plants on the site instead of connecting to a main sewer causes pollution to enter the watercourse. However, he has not provided any evidence of this and has also advised this primarily affects his neighbour.
8. We have not received authority from Mr X’s neighbour to allow him to complain for them. Mr X has advised the drainage issue primarily affects his neighbour rather than himself. I do not consider Mr X has suffered a significant personal injustice because of the Council’s actions which justifies an investigation. His neighbours may make a complaint if they wish. Also, we cannot require the Council to take enforcement action against the developer.
9. Mr X says there is a telegraph pole obscuring the view from the entrance/exit to the site. He says this is dangerous. However, the Council granted planning permission for the layout and there is no breach of planning control for the visibility splay on the site. Therefore, we cannot require the Council to take enforcement action.

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Final decision

10. We will not investigate Mr X’s complaint because we do not consider he has suffered a significant personal injustice and we cannot achieve the outcome he is seeking.

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Investigator's decision on behalf of the Ombudsman