Summary: We will not investigate this complaint about how the Council has dealt with planning applications and breaches of planning control. This is because it is not yet possible to determine if the complainant has suffered any significant injustice.

The complaint

1. Ms X has complained about how the Council has dealt with planning applications and breaches of planning control at a site near her home. Ms X says there have been delays and the correct processes have not been followed. She also says the Council has failed to properly consider the impact of the development.

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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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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My assessment

5. Ms X has raised many concerns about the temporary planning permission granted for the site. She says the impact of the development was not properly assessed and the planning conditions were not complied with. However, Ms X previously complained to the Ombudsman about the Council’s decision to approve the application and I will not consider the same issues again as part of this complaint.
6. Ms X says the conditions of the temporary condition were not complied with. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately. The temporary permission has now expired, and a new application has been made for the site. It is not unusual for councils to accept planning applications to regularise a breach. There is also an ongoing enforcement investigation in relation to possible unauthorised business operations at the site. As this investigation has not concluded, it is not yet possible to determine if Ms X has suffered any significant injustice because of any fault with the Council’s investigation. It may still decide there has not been a breach or that enforcement action is not necessary.
7. Ms X has complained about how the Council has dealt with the new application for the site. She has also raised concerns about another planning application for a development near her home. However, these applications have not yet been decided. Therefore, it is not possible to say if Ms X has suffered any significant injustice as the Council may still decide the developments are acceptable. If Ms X remains unhappy once the applications have been determined she can return to the Ombudsman and raise a new complaint.
8. Ms X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

9. We will not investigate Ms X’s complaint because it is not yet possible to determine if she has suffered significant injustice as a result of the alleged fault.

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Investigator's decision on behalf of the Ombudsman