Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against a breach of planning control on land near the complainant’s home. The Council confirms it is in ongoing dialogue with the landowners with a view to resolving the breach. We do not consider the complainant has suffered a significant personal injustice which warrants an investigation.

The complaint

1. The complainant, I shall call Mr X, complains the Council has failed to enforce planning obligations at a site near his home. This means he cannot access the site.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

5. In 1998 landowners of a site near Mr X and a third party entered into a legal planning agreement for a permissive footpath. This was to open once the site stopped being used for gravel extraction and after a management plan had been implemented. The management plan was approved in October 2022. The plan identifies the path is not open.
6. The Council says officers have inspected the site and confirm the nature conservation restoration objectives on the site are being met. However, there are security concerns about uncontrolled access to the restored site because of public use of the path. The Council confirms it is negotiating with the site owners to secure compliance and allow public access to the footpath. It has decided while negotiations continue, it is not appropriate to take formal enforcement action.
7. The Council’s Planning Enforcement and Monitoring Protocol states that as far as possible it will deal with breaches of planning control informally, with formal enforcement action usually as a last resort.

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Final decision

8. We will not investigate Mr X’s complaint because, while I understand Mr X is dissatisfied as he cannot access the footpath which should have been open to the public some years ago, however, the Council confirms it is actively seeking to resolve the breach of planning control. And I do not consider Mr X is suffering sufficient personal injustice which warrants an investigation.

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Investigator's decision on behalf of the Ombudsman