Summary: We will not investigate this complaint about the Council’s failure to fulfil planning obligations set out in a section 106 agreement. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient evidence of fault in the Council’s actions.

The complaint

1. The complainant, I shall call Mr X, says the Council refuses to provide money to the local primary school as required by the Planning Inspector and the completed Section 106 (S106) planning agreement.
2. He says the school cannot offer enough places for its catchment area and residents of a development will not be able to send their children to the local school should they wish to.
3. Mr X wants the Council to pay to expand the primary school.

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The Ombudsman’s role and powers

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))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My Assessment

7. The S106 agreement states the Council will spend the Education Contribution towards added classroom provision at the local primary school or “such other education project within the administrative areas of Aylesbury Vale District Council.”
8. In his decision to allow the planning appeal, the Planning Inspector noted the condition in the s106 does not ensure the education contribution is specifically spent on the local primary and secondary schools. However he confirmed the condition is acceptable.
9. In response to Mr X’s complaints the Council has confirmed it will consider the local school’s wish to expand its admission numbers when looking at future expansion proposals. This will occur once the Council adopts its Local Plan and births in the area suggest the need for extra school places.
10. The Council also confirms it will continue to monitor migration into the area and the local birth rate. It also confirms it has ten years to spend the S106 contributions.
11. I have seen no evidence the Council is failing to follow the terms of the s106 agreement.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman