Summary: We will not investigate this complaint about a lack of enforcement action on a site near the complainant’s home. We have not seen sufficient evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. The complainant, I shall call Mrs X, says the Council:
• has failed to plan for land use close to her home
• allowed an industrial park to grow at the end of the road where she lives; and
• failed to enforce a Temporary Stop Notice

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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. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X complains about the growth of what she calls an industrial estate at the end of the road where she lives.
6. An existing Certificate of Lawfulness issued in 2010 allows mixed composite use of the site for storage of general materials and garden nursery use. The Council confirms there is no limit for various component uses of the site providing it remains in mixed composite use.
7. In 2020, the Council refused a planning application for sixty houses and the appeal was dismissed by the Planning Inspector.
8. In 2022, a new planning application was submitted for use of the site for shipping container storage and ancillary works. The Council refused the application. Unauthorised use of the site for storage containers by the site operator continues.
9. The Council confirms there is a live planning enforcement case ongoing on the site. It believes use of storage containers on the site is not lawful, the site operator disagrees.
10. Also in 2022, the Council received an application for a Certificate of lawfulness of proposed use or development. This is for use of the land for:
• growing plants and for storage
• display of storage containers
• general storage of building materials.
11. The Council refused this application and confirms the applicant has appealed to the Planning Inspectorate.
12. Mrs X complains the Council has failed to take enforcement action against the site operator. The Council confirms it issued a Planning Contravention Notice to gather information. It considered this an appropriate way to obtain information, requiring the site owner to complete a legal document. This is a decision it is entitled to make.

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Final decision

13. We will not investigate Mrs X’s complaint because the Council confirms there is an ongoing open enforcement case, and it is waiting for the Planning Inspector to decide whether to uphold the site owner’s appeal. Once the Inspectorate’s decision is known, the Council will have to consider what action if any it will take.

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Investigator's decision on behalf of the Ombudsman