Summary: We will not investigate this complaint about the Council’s delays in investigating possible breaches of planning control. This is because the Council has agreed to pay Mr X and Mrs Y £200 to acknowledge the unnecessary time and trouble they were caused as a result of the delays. This is a suitable remedy and so there is no need for us to investigate this complaint.

The complaint

1. Mr X complains on behalf of his mother, Mrs Y. Mr X says the Council has failed to properly investigate breaches of planning control on land near his mother’s home. Mr X says has resulted in flooding and drainage issues as well as having a negative impact on the local environment.

Back to top

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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

Back to top

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 now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

Back to top

My assessment

6. The Council has accepted there have been significant delays in it responding to concerns about development which has taken place near Mrs Y’s home. The Council has apologised for this. It is now considering planning applications which seek to resolve the issues complained of.
7. The Council is not responsible for any damage caused by use or development on the land next to Mrs Y’s home. This is a civil matter between Mrs Y and any neighbouring landowners.
8. However Mr X and Mrs Y have been put to unnecessary time and trouble pursuing this matter with the Council. The Council has agreed to our recommendation that it pay Mr X and Mrs Y £200 to acknowledge this. This is in line with our guidance on remedies and so it is not necessary for us to investigate this complaint.
9. If Mr X and Mrs Y are unhappy with the outcome of the planning applications they may complaint to the Council first before coming to the Ombudsman if they remain dissatisfied.

Back to top

Agreed action

10. The Council has agreed to pay Mr X and Mrs Y £200 to acknowledge the unnecessary time and trouble they have been caused as a result of significant delays in it responding to their planning enforcement complaints.
11. The Council should pay this within 4 weeks of our final decision.

Back to top

Final decision

12. We will not investigate this complaint. This is because the Council has agreed to provide a suitable remedy so there is no need for us to investigate this complaint.

Back to top

Investigator's decision on behalf of the Ombudsman