Summary: Mr X complained the Council failed to take enforcement action against developers who left the site in 2018. We have discontinued our investigation. We cannot investigate late complaints. We see no good reason why Mr X did not bring his complaint to us sooner.

The complaint

1. Mr X complains the Council failed in its statutory duty to conserve and enhance an Area of Outstanding Natural Beauty (AONB) by deciding not to take enforcement action regarding the land.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. 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)

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How I considered this complaint

4. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
5. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What happened

6. In 2015, the Council granted planning permission for a housing development. The developers used a piece of agricultural land near the development site for storage of vehicles, equipment and a temporary site office. The Council confirmed this temporary use came under permitted development. This required the developers to restore the land to its previous condition as soon as reasonably possible.
7. Mr X said that an additional dwelling was approved in 2017 but only the foundations were built. The developers left the site (and piece of land) in 2018. The land was left unrestored and in poor condition.
8. Later that year, the Council received a planning application for the development of the piece of land. The submitted design and access statement included photographs of the land where it appeared as scrub land. The Council refused the application in 2019.
9. Over the next three years later, the local community reported to the Council that the land had not been restored. In 2020, the Council opened an enforcement case, but stated a breach had not occurred. It reopened the case in 2021 where it confirmed that under permitted development rights, the developers should have restored the site. It told Mr X it would pursue the case.
10. In 2024, the Council completed its enforcement investigation. It issued a decision that while it recognised a breach of planning control, it was not expedient or in the public interest to take formal action against the developer.
11. Mr X complained to the Council that the overriding public interest should be to conserve and enhance the AONB. Mr X then brought his complaint to the Ombudsman.

My findings

12. The developers had not restored the site in 2018 when they left the site.
13. After the Council refused the planning application in 2019, it would have been evident to Mr X that the site had not been restored and there was no planning permission to do anything with the land that would replace the previous condition to restore it.
14. Mr X said the failure to restore the land was reported to the Council in an objection to the 2018 planning application, but the Council never acted upon it. Given Mr X’s concerns on the impact on the AONB, I would have expected him (or other members of the community) to pursue the Council sooner than 2020.
15. I acknowledge that the Council delayed reaching a decision on the enforcement case. However, Mr X could have complained about this delay to the Council and the Ombudsman before 2024.
16. As explained in paragraph 3, the complaint is classed as late. I have seen no good reason why Mr X did not bring his complaint to us sooner so have not exercised my discretion to investigate.

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Final decision

17. I have ended my investigation of Mr X’s complaint that the Council failed to take enforcement action. This complaint is late.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman