Summary: We will not investigate this complaint about the Council’s decision to grant planning permission or two developments in the area where he lives. This is because planning permission was granted in 2019 and Mr X did not complaint to us until early 2022. Therefore these are late complaints and there are not good reasons for us to investigate them now. We will also not investigate the way the Council has dealt with planning enforcement issues as it is unlikely we would find fault with the actions of the Council.

The complaint

1. Mr X complains the Council has granted planning permission for two developments near his home without properly considering the impact on his home and local highways.
2. Mr X says there is insufficient parking provision for both developments which has resulted in cars parking on the street and blocking his driveway. Mr X says one of the developments will overlook his property.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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. (Local Government Act 1974, section 24A(6))
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. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

7. I considered information provided by the complainant and information about the developments on the Council’s website.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

Development 1

9. The Council granted panning permission for a single property to be split into two separate dwellings in April 2019. Mr X says the Council granted planning permission even though it was not possible an adequate number of vehicles to access and park on the site.
10. Mr X did not complain to the Ombudsman until January 2022 therefore this is a late complaint. We have discretion to set aside this restriction where there are good reasons. Mr X says he has been in correspondence with the Council and local highways authority since planning permission was granted and there have been delays in both bodies responding to him. However even taking account of any delays it would be reasonable to expect Mr X to have come to us sooner if he was unhappy with the Council’s decision to grant planning permission.
11. The Council has accepted that the developer has not complied with a planning condition related to parking. This is because there is a legal issue preventing the developer from building the parking area shown on the approved plans. Mr X has raised concerns on behalf of a third party about the impact this is having on them.
12. We do not have consent from the third party for Mr X to complain on their behalf. In any case this should be made as a separate complaint and should be raised with the Council in the first instance. Therefore we cannot investigate the Council’s actions in relation to the third party.
13. The Council is currently dealing with the situation and believes the developer will carry out the work required once the legal issue is resolved. In the meantime it has decided that the development can be occupied despite the breach of planning condition.
14. Planning enforcement is discretionary and formal action should happen only when it would be a proportionate response to the breach. When deciding whether to enforce, councils should consider the likely impact of harm to the public and whether they might grant approval if they were to receive an application for the development or use. Government guidance encourages councils to resolve issues through negotiation and dialogue with developers.
15. Government guidance says: “Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.” (National Planning Policy Framework July 2021, paragraph 59)
16. The Council is entitled to allow the developer time to resolve the legal issue and is actively working with all parties involved to resolve the issue. The impact of the breach is that there is a lack of parking on the site meaning cars associated with the development have to park on the main highway. There is on street parking provision and so it is unlikely we would find fault with the way the Council is dealing with the enforcement of the planning condition as the impact of the breach of condition on the surrounding area is not causing serious harm. Therefore it is unlikely we would find evidence of fault in the way the Council has dealt with the enforcement issues on the site and we will not investigate this complaint.

Development 2

17. The Council granted planning permission for a building to be converted into a house in 2015. The planning permission lapsed and a further application was made and the Council granted planning permission for this in May 2019.
18. Mr X did not complain to the Ombudsman until January 2022 therefore this is a late complaint. We have discretion to set aside this restriction where there are good reasons. Mr X says he has been in correspondence with the Council and local highways authority since planning permission was granted and there have been delays in both bodies responding to him. However even taking account of any delays it would be reasonable to expect Mr X to have come to us sooner if he was unhappy with the Council’s decision to grant planning permission.
19. Mr X says the developer has not completed work to the parking area. The Council has said that the work must be completed before the building is occupied and work has not yet been completed so it cannot take enforcement action. It is unlikely we would find evidence of fault in the Council’s position. This is because the condition must be complied with before the building is occupied and it is not yet finished. Therefore we will not investigate this complaint.

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Final decision

20. We will not investigate Mr X’s complaint because his complaints about the Council’s decisions to grant planning permission are late and there are not good reasons for investigating now. We will also not investigate Mr X’s complaints about the Council’s planning enforcement actions as it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman