East Hertfordshire District Council (24 008 599)
The Ombudsman's final decision:
Summary: Mr X complained the Council did not take enforcement action against an alleged breach of planning control. We have ended our investigation as we cannot achieve the outcome that Mr X’s wants.
The complaint
- Mr X complained that the Council failed to take enforcement action against a developer when it demolished a sporting venue in his area. He said this has had an impact on the local community.
The Ombudsman’s role and powers
- 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered evidence provided by Mr X and Council as well as relevant law, policy and guidance.
- Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
- Mr X said that the leaseholder of a sporting venue in his area has carried out several unauthorised developments. The latest included the demolition of part of the site. Mr X reported the alleged breaches of planning control to the Council. The Council said that no breaches had occurred.
- Mr X disagrees with the Council’s view/actions. He wants the Council to take enforcement action to include the reinstatement of the venue’s original use.
- The Council and the venue’s leaseholder have said this is not an option.
- As explained in paragraph two, we do not continue an investigation if we decide we cannot achieve the outcome a complainant wants.
Decision
- I have ended my investigation. Mr X would like the Council to take enforcement action and for the sports venue to be reinstated. Further investigation cannot achieve this outcome.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman