Summary: We will not investigate this complaint about the Council’s actions in relation to enforcement of possible planning breaches. This is because we are unlikely to find fault with the Council.

The complaint

1. Mr X complains that the Council has not enforced planning breaches. He further complains about the way the Council handled his complaint. Mr X says the breaches are causing traffic congestion, anti-social behaviour and noise. Mr X wants the Council to enforce the planning breaches and make the applicant accountable for their actions.

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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 (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council that planning conditions had been breached.
7. The Council investigated the complaint and found that there was no breach in relation to most of the planning conditions Mr X referred to. Mr X then sent more evidence to the Council. The Council considered this and still found there were no breaches.
8. Mr X said the applicant had not submitted a travel plan as it should have which would help the traffic problems. Although this was a condition of the planning permission, the Council said the necessary information was provided and the breach was resolved.
9. The Council understand there are congestion issues causing problems for residents. It said it is working with the applicant to try to remedy this.
10. I am satisfied that the Council properly considered Mr X’s complaint and has explained why it will not take any further action. I have considered the steps the Council took to consider the alleged breaches. There is no fault in how it took the decision and I therefore cannot question whether that decision was right or wrong.
11. Mr X said the Council has not followed its own complaints procedure because it responded outside of its timeline. We will not investigate the Council’s complaint handling where we are not investigating the substantive issue. This is because there is insufficient personal injustice to justify an investigation.

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Final decision

12. We will not investigate Mr X’s complaint because we are unlikely to find fault with the Council.

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Investigator's decision on behalf of the Ombudsman