Summary: We will not investigate this complaint about the Council’s response to Mr X’s query concerning a new housing development’s proximity to an existing culverted watercourse. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains the Council has failed to confirm that a new housing development for which it granted planning permission will be built at the required distance away from an existing culverted watercourse. He says he has not had an answer to his query and he wants a clear statement regarding the position of the new development relating to the existing watercourse as he fears his property may be flooded if the watercourse is obstructed.

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The Ombudsman’s role and powers

We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

2. I considered information provided by the complainant and the Council, including its response to the complaint.
3. I considered the Ombudsman’s Assessment Code.

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My assessment

4. The Council responded to Mr X’s query about the presence of a watercourse close to the new development by advising him to contact the County Council which acts as the Flood Authority for the area and which holds definitive records of watercourses which it does not.
5. Mr X complained to the Council that it had not satisfactorily answered his query. It repeated the advice he had been given about contacting the County Council and explained that the County Council as Lead Flood Authority and Severn Trent Water had been consulted on the planning application for the proposed development and had provided advice which had been considered before a decision had been made to grant permission.
6. The Council has told Mr X that it does not hold definitive maps of watercourses and has directed him to the County Council which does. While Mr X may have not received the response he was looking for from the Council, there is no evidence to suggest it has been at fault. If Mr X wants further information, he can contact the County Council which is better placed to respond.

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Final decision

7. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman