Summary: We will not investigate this complaint about the way the Council has considered a breach of planning control. We consider that an investigation at this time is unlikely to lead to a worthwhile outcome.

The complaint

1. Mr X complains the Council refuses to engage him on planning matters. He says the Council wrongly fettered its’ discretion by refusing to take enforcement action against a breach of planning control at a site next to his home.
2. He wants the Council to:
• Make its decision based on a consistent position between its planning and enforcement teams.
• Act on the breach of planning control without waiting for a decision on a planning application for a bordering site; and
• Commission an independent investigation into a possible conflict of interest.

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The Ombudsman’s role and powers

3. 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 further investigation would not lead to a different outcome at this time.

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

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How I considered this complaint

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

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My assessment

6. Mr X says the Council has failed to take a consistent position on planning application for two sites close to his home.
7. Mr X reported a breach of planning control at a site next to his home. The developer has failed to satisfy a condition on landscaping and fencing around the site.
8. The Council confirms the developer has completed all landscaping and installed fencing apart from a small area. Therefore, there is a breach of planning control.
9. However, it has received a planning application for a neighbouring site. If approved this will rectify the breach as the requirement for enclosing and fencing off the remaining small area will become redundant. Because of this the Council has decided not to take enforcement action.
10. I understand the two applications are not linked and are for separate sites. However, formal enforcement action is at the Council’s discretion.
11. The Council decided to grant planning permission for the second site, subject to completing a legal agreement. I note the legal agreement has been drafted and uploaded to the Council’s website. It appears, therefore, that planning permission which will resolve the breach is imminent and an investigation at this time is unlikely to lead to a worthwhile outcome.

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Final decision

12. We will not investigate Mr X’s complaint because further investigation at this time unlikely to lead to a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman