Summary: Mr C complains the Council failed to take enforcement action against a business parking vehicles outside his property. However, there is no evidence of fault in how the Council dealt with the matter.

The complaint

1. The complainant, whom I shall refer to as Mr C, complains about how the Council dealt with reports that a business was parking vehicles outside his property.
2. Mr C also raises concerns surrounding the Councils decision to grant planning permission in 2005. Mr C says that:
• The drawings considered during the process are unclear.
• The applicant did not own the land for which planning approval was granted.
• A condition should have been imposed instructing the applicant to mark the parking spaces.

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What I have investigated

3. I have investigated how the Council responded to Mr C’s reports that cars were parking outside his property, in contravention of planning conditions.

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The Ombudsman’s role and powers

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

7. As part of the investigation, I have:
• considered the complaint and information received from Mr C; and
• reviewed and considered information received from the Council; and
• spoke with Mr C about his complaint.
8. I also sent a draft copy of this decision to both parties and invited their comments.

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What I found

9. Government guidance says “enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.”
10. Councils can serve a notice if there is evidence that activity or development has taken place without planning permission. The law says a notice can only be served when it is “expedient” to do so.

What happened

11. Mr C lives next door to a business that carries out vehicle repairs and sales. In 2005 the Council granted the owner of the business permission to use part of the building as a hair salon.
12. The plans which accompanied the planning application showed several spaces for parking, including two spaces outside the front of Mr C’s property.
13. Upon granting planning permission, the Council added several conditions. One of which said that “The areas shown on the submitted plans as parking space shall be used for or be available for such use at all times when the premises are in use.”.
14. Mr C complains that the owners of the garage are using the parking spaces to park their vehicles and that this contravenes the planning condition as they are there solely for the use of the hair salon. Mr C also said that some of the vehicles parked in the spaces are being used for vehicle sales and repairs.
15. Mr C provided the Ombudsman with photos which do appear to indicate that the spaces have on occasion been used for car sales.
16. The Council said it does not consider the use of parking spaces by garage staff to be a breach of the planning condition. It says the condition does not restrict the use of the spaces solely to employees of the salon nor does it restrict the use of the spaces to times when the salon is open.
17. The Council said the use of the spaces for car sales and repairs could potentially be a breach of planning control.
18. Enforcement records show that the Council started an investigation, carrying out ad hoc inspections of the site. Although it found no evidence of a breach of planning control, the Council spoke with the garage owners and informed them they must not use the spaces for vehicle repairs or sales. The Council closed the case with a finding of no breach.

Analysis

19. It is for the Council to decide whether there has been a breach of planning control and whether it should take enforcement action. The Ombudsman’s task is to make sure the Council properly consider all the relevant factors in reaching its decision.
20. In this case, while I understand Mr C may disagree with the decision it has taken, I have seen no evidence of fault by the Council. The Council fully explained why it does not consider use of the spaces by garage staff to be a breach of planning control.
21. The Council did say that it considered the use of the spaces for car repairs and sales may constitute a breach, and Mr C provided evidence that suggested they were being used for vehicle sales.
22. Officers investigated this but found no evidence of a breach. It did however speak to the business owners and to advise them not to use the parking spaces for repairs and sales. This was an approach it was entitled to take.
23. The Council say that since speaking to the business owner it has not received any further reports that the spaces are being used for sales or repairs. However, it said if Mr C believes the spaces are still being used for these purposes, he can report this to the Council’s Planning Enforcement Team and they will consider what action to take.

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Final decision

24. I have concluded my investigation on the basis that there is no evidence of fault with how the Council considered these matters.

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Parts of the complaint that I did not investigate

25. I did not investigate Mr C’s complaints relating to the original planning application. This is because this event happened 14 years ago, and it is therefore out of time.

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Investigator's decision on behalf of the Ombudsman