Summary: Mr X complains about the Council’s refusal to take planning enforcement action regarding a property contract. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council and there is a private legal remedy.

The complaint

1. Mr X complains about the Council’s refusal to take planning enforcement action regarding a property contract.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely further investigation will lead to a different outcome.

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

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How I considered this complaint

3. I considered the complainant's and Council's comments. The complainant has commented on the draft decision.

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What I found

4. Mr X bought a property which formed part of a larger development. He believed when he bought the house that he would become a shareholder of the management company and join other leaseholders in controlling the company.
5. Mr X argues that the original planning permission granted rights to buyers to become shareholders and leaseholders in the development.
6. The Council says that this was considered in 2011 when the matter was raised. It advised at the time that it was not within the jurisdiction of the Council to force a company to allow shares to be allocated and the management handed over to the leaseholders.
7. In my view this was a matter which should have been resolved as part of the purchase of the property. Any rights as a shareholder or leaseholder should have been clarified at that point. The Council considered its ability to take action but concluded that it was not within its jurisdiction. In the absence of fault, that is not for the Ombudsman to question.

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Final decision

8. The Ombudsman will not investigate this complaint because there is no evidence of fault and the matter should have been resolved at purchase.
    

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Investigator's decision on behalf of the Ombudsman