Summary: Mr X complains about the Council’s lack of enforcement of planning conditions which affect parking in the area. We will not investigate this complaint because the injustice claimed is not sufficient to warrant investigation.

The complaint

1. Mr X complains about the Council’s lack of enforcement of planning conditions which affect parking in the area.

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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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• 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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant had an opportunity to comment on my draft decision.

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My assessment

6. Mr X says that the Planning Inspector’s decision to allow the closure of a nearby car park has led to illegal parking in the area.
7. The Planning Inspector’s decision is out of jurisdiction but I have considered the Council’s enforcement of that decision.
8. However, the Ombudsman must be satisfied that a clear, significant personal injustice would be caused by alleged fault (by the Council) before deciding whether or not to investigate the complaint.
9. Mr X lives on a road where there are yellow lines on one side and restricted parking on the other. I am not satisfied that any extra need for parking affects Mr X to a significant personal extent. There may be increased demand for parking as a result of the closure of the car park but I am not persuaded that this personally affects Mr X. The Council confirmed that the developer’s contribution to general parking enforcement costs has been made so increased traffic officers will be available.

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Final decision

10. We will not investigate this complaint because there is no evidence that there is a significant personal injustice caused to Mr X to warrant investigation.

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Investigator's decision on behalf of the Ombudsman