Summary: We will not investigate this complaint about the Council’s failure to act on reports of a business running from a residential property. The Council confirms it has served multiple notices and if it does not receive a response then enforcement action will follow. We do not consider that further investigation at this time will lead to a different outcome.

The complaint

1. Mr X complains the Council has failed to act on his reports of a business running from the property next to his home.

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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 further investigation would not lead to a different outcome.

(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. Mr X told the Council the property next to his home was being used as a business.
6. The Council opened a planning enforcement case. It says planning officers inspected the property and found there was no breach of planning control as the activity on the site was permitted development. It confirmed permitted development was not restricted as an existing planning permission which removed permitted development rights has not been implemented.
7. Mr X escalated his complaint. He provided new information about the property being used as a House in Multiple Occupation (HMO).
8. The Council confirms a housing officer inspected the property in June. It says it was vacant during the inspection. They advised the owner the property needed an HMO licence. The owner assured the Council they would register the property as an HMO.
9. The Council also confirms it has served notices on the owner requiring certain information. It says it has not received a reply despite sending follow up letters. It confirms it is building a case against the owner. If it does not receive a response, it will take enforcement action.

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Final decision

10. We will not investigate Mr X’s complaint because the Council:
• has confirmed there is no breach of planning control; and
• is currently building a case against the property owner and says it will take enforcement action against the owner if it does not receive a response to the notices it has served.
11. We do not consider that further investigation now would lead to a different outcome.
12. Also Mr X can report any concerns about vermin or refuse nuisance to the Council’s Environmental Health department.

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Investigator's decision on behalf of the Ombudsman