Summary: We will not investigate this complaint about the failure to take enforcement action against a developer on the construction of the road junction where the complainant lives. Planning permission for the development was granted by the Planning Inspectorate which is not a body within our jurisdiction.

The complaint

1. The complainant, I shall call Mr K, complains the Council refuses to take enforcement action against the builder of the development where he lives.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

Back to top

How I considered this complaint

4. I considered information provided by Mr K, including the Council’s responses to his complaint.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr K lives in a relatively new development. He says the junction at the access to the properties built by the developer does not meet required standards. He wants the Council to make a proper assessment of the junction and bring it up to the relevant standards if necessary.
7. The Council refused planning permission for the development. The developer appealed and permission was granted by the Planning Inspector.
8. The Planning Inspector did not place any conditions regarding the junction other than a requirement to adhere to the approved plans. The plans were approved by the Planning Inspector – not the Council.

Back to top

Final decision

9. We will not investigate Mr K’s complaint because decisions of the Planning Inspector are outside our jurisdiction.

Back to top

Investigator's decision on behalf of the Ombudsman