Summary: We will not investigate Miss X’s complaint that the Council has approved planning permission for hundreds of new dwellings as ‘minor’ development without consulting the local water company, causing the public sewer system to become overwhelmed. This is because there is not enough evidence of fault by the Council and the injustice Miss X claims stems from issues with the sewer system, rather than the Council’s actions.

The complaint

1. The complainant, Miss X, complains about the Council’s policy not to consult with the relevant local water company on ‘minor’ planning applications for fewer than 10 new dwellings. She says this has resulted in issues with foul water drainage at her property as the sewer system does not have sufficient capacity to cope with demand from new-builds built as minor development.

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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 effect on the person making the complaint, which we call ‘injustice’.
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

4. I considered information provided by Miss X and the Ombudsman’s Assessment Code.
5. I have amended this statement following comments by Miss X.

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My assessment

6. Any new connection to the public sewer system requires consent from the water company. The Council is responsible for dealing with applications for planning permissions for new dwellings but it is the water company which approves new connections and is responsible for maintaining the infrastructure and making improvements to cope with any increases in demand. The water company’s website states:

“You will need to apply to connect your new or existing property to our public sewers. This is because we need to assess the proposed connection for its impact on the network and ensure that it will not cause problems, flooding or pollution, which could affect our existing customers.”

7. There is no requirement for the Council to consult the water company on applications for minor development and we could not therefore say it is fault that it does not.

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Final decision

8. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council. The injustice Miss X claims also stems from capacity issues with the public sewer system, rather than the Council’s decisions.

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Investigator's decision on behalf of the Ombudsman