Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement matter. This is because the Council has explained the issue is for the relevant district or borough council and I have seen no evidence of fault affecting its view on this point. It is therefore unlikely we could achieve any worthwhile outcome for Mr X by investigating further.

The complaint

1. The complainant, Mr X, complains the Council has failed to properly investigate his concerns about possible breaches of planning control, noise and vibrations from neighbouring land. He is also unhappy with the Council’s handling of his complaint about the matter.

Back to top

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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

4. Councils have different roles and responsibilities. District, borough and unitary authorities deal with planning enforcement matters, antisocial behaviour and environmental health issues. County councils deal with complaints about issues concerning waste management and public highways.
5. Lincolnshire is a county council so it is not responsible for investigating most planning enforcement matters or investigating complaints about possible statutory nuisances.
6. The Council has investigated Mr X’s concerns about the use of the land from a waste management standpoint but it explained to Mr X that it considers use of the land is mixed so it falls to the relevant district or borough council to investigate and determine if there is a breach of planning control. Concerns about noise and vibrations would also be for the district or borough council to investigate.
7. The Council’s view on this is a matter of professional judgement and I have seen no evidence of fault affecting its decision. We cannot therefore question it. If Mr X believes the landowner is carrying out unauthorised activities on the land he should follow this up with the district or borough council as a planning enforcement matter. He may also report the noise and vibrations to the district or borough council’s environmental health team to investigate as a possible statutory nuisance. It is unlikely we could achieve anything more for Mr X as the issues raised fall outside the Council’s responsibilities and we cannot recommend it intervenes in a process which is for a different authority.
8. Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

Back to top

Final decision

9. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and it is unlikely we could achieve any worthwhile outcome for Mr X, as the district or borough council is the correct authority to deal with the matter.

Back to top

Investigator's decision on behalf of the Ombudsman