Summary: We will not investigate this complaint about how the Council dealt with planning and licencing matters. This is because we are unlikely to find fault. It is not yet possible to say if the complainant’s have suffered significant injustice in relation to an ongoing enforcement investigation.

The complaint

1. Mr and Mrs X have complained about how the Council has dealt with planning and licencing matters at a site near their home. They say the Council has failed to enforce planning and licence conditions and the licence for the property was based on incorrect information. Mr and Mrs X say activities at the site have a significant impact on their property.

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The Ombudsman’s role and powers

2. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

4. Mr and Mrs X have raised concerns about the Council’s decisions to grant planning permission for the site. However, I am satisfied the Council properly considered the acceptability of the developments before approving the applications. The case officer’s reports referred to resident’s objections and addressed the concerns raised. However, the officer decided the proposals would not have an unacceptable impact.
5. I understand Mr and Mrs X disagree, but the Council was entitled to use its professional judgement to decide the developments were acceptable. As the Council properly considered the applications, it is unlikely I would find fault.
6. Mr and Mrs X say the site owner is not complying with the planning conditions and has been allowed to make changes to the development without permission.
7. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately.
8. In this case, the Council has granted retrospective permission to regularise the developments. It has also looked into Mr and Mrs X’s concerns about the planning conditions being breached and issued a breach of condition notice.
9. Following this, the developer applied to vary the planning conditions. The Council refused the application. Mr and Mrs X say the Council should have taken formal action against the developer. But the site owner appealed to the Planning Inspector against the Council’s planning decision, and it is not unusual for councils to wait for the outcome of an appeal before taking any formal action. The appeal has now been dismissed and the Council has said its enforcement investigation remains ongoing. As the Council’s investigation has not yet concluded it is not yet possible to say if Mr and Mrs X have suffered significant injustice because of any fault by the Council in this regard.
10. Mr and Mrs X have also complained about how the Council dealt with the licence application for the site. They say the licence was based on incorrect information and the conditions have not been complied with. However, I am satisfied the Council has properly looked into Mr and Mrs X’s concerns about the licence before deciding not to take further action. The Council was entitled to use its professional judgement in this regard.

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Final decision

11. We will not investigate Mr and Mrs X’s complaint because we are unlikely to find fault. It is not yet possible to say if Mr and Mrs X have suffered significant injustice because of any alleged fault with the Council’s ongoing enforcement investigation.

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Investigator's decision on behalf of the Ombudsman