Summary: We will not investigate this complaint about the Council’s failure to correctly assess flood risk when it approved an application to discharge a planning condition. We have not seen enough evidence of fault in the Council’s actions.

The complaint

1. Mr X says the Council failed to correctly assess flood risk when it approved an application to discharge a planning condition.

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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.

(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 X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council granted planning permission for a new house to be built on land next to Mr X’s home. A condition of the planning permission states:
   “Prior to the commencement of development, details of the means of surface water disposal to serve the development shall be submitted to, and approved in writing by, the Local Planning Authority. Prior to the first occupation of the dwelling, the approved details shall be implemented and retained thereafter. In the interest of ensuring satisfactory drainage works and to avoid pollution of the water environment in accordance with South Tyneside LDF Development Management Policy DM1(K) and Core Strategy Policy ST2.”
6. The Council received an application to discharge the condition. It publicised the application and received three objections from the public. It also consulted the Local Lead Flood Authority (LLFA).
7. The case officer prepared a report on the application. It notes the Council also sent copies of the objections to the LLFA for consideration.
8. The LLFA confirmed the submitted details of the drainage system are acceptable and satisfy the condition.
9. From the information I have seen, the LLFA appears to be the body responsible for considering drainage matters. The Council consulted the LLFA and is entitled to rely on its response. In this case the LLFA was aware of objections received and is satisfied with the proposed drainage arrangements scheme.

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Final decision

10. We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the way the Council considered the application to discharge the planning condition.

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Investigator's decision on behalf of the Ombudsman