Summary: We will not investigate this complaint about the Council’s failure to ensure that a development close to Mr X’s home complies with planning conditions. Further investigation will not lead to a different outcome and we cannot achieve the outcome Mr X is seeking.

The complaint

1. Mr X complains the Council mismanaged the development after the Planning Inspector granted planning permission for a site opposite his home.
2. He says there is not enough off-street parking. He also says more people parking on the street opposite his home will make it difficult for him to use his driveway.
3. Mr X wants the Council to enforce the requirement for the original number of off-street parking spaces. If this is not possible, he wants on-street parking restrictions imposed opposite his home.

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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:

• further investigation would not lead to a different outcome, 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 the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council refused planning permission for changes to a property opposite Mr X’s home. The developer appealed to the Planning Inspector. The Planning Inspector allowed the appeal and granted planning permission. The permission included a condition to provide four parking spaces as stated on a specific numbered plan.
8. Mr X complained to the Council the property does not have the required number of parking spaces.
9. The Council explained that, as the wrong plan reference number was stated in the planning condition, it cannot take enforcement action.
10. However, the Council also confirmed the original planning permission granted by the Planning Inspector has been superseded by permission for a new planning application. The planning officer report on the later planning application says the driveway is big enough to offer parking for one car. It also says the planning officer considered:
• the maximum parking standards
• there are no parking restrictions in the area; and
• off street parking is part of the character of the area.
11. The Officer considered the proposal met the relevant Council parking policies and granted planning permission.
12. Mr X wants the Council to force the developer to provide the number of parking spaces specified in the original planner permission. But the original condition approved by the Planning Inspector no longer applies and there is nothing for the Council to take enforcement action against. Further investigation on this point would not lead to a different outcome.
13. I understand Mr X wants the Council to impose parking controls on the street opposite his home if it cannot require the original number of off-street parking spaces. However, this is not something we can require the Council to do.

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Final decision

14. We will not investigate Mr X’s complaint because further investigation will not lead to a different outcome. And we cannot achieve the outcome Mr X is seeking.

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Investigator's decision on behalf of the Ombudsman