Summary: X complained that the London Legacy Development Corporation (LDDC) failed to take planning enforcement action in relation to several breaches of planning control. X said that because of the failure to act, they are affected by unpleasant odour from refuse bins and a family member has limited access to disabled parking spaces. We have decided to end our investigation because from December 2024 the LDDC is no longer a planning authority, and its planning enforcement function has returned to a local council. The local council has begun investigating the alleged breaches of planning control.

The complaint

1. The person that complained to us will be referred to as X. The complaint was about London Legacy Development Corporation (LDDC), which was acting as the local planning authority in X’s area.
2. X complained LDDC has failed to take enforcement action after breaches of planning control relating to:
• disabled parking spaces;
• bin storage areas; and
• bicycle storage facilities.
3. X says they have been complaining for several years, but no action was taken. X says that because of this:
• they have suffered from odour and smell from the refuse bins; and
• a family member who is disabled and lives with X is often unable to park their car because of inadequate disabled parking provision.

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The Ombudsman’s role and powers

4. 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, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a local authority has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I read the complaint and discussed it with X. I read the Corporation’s response to the complaint.
7. I sent a copy of my draft decision to X and to the local Council, who are now responsible for LDDC’s former planning functions in this location. I considered the comments received.

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What I found

Planning law and guidance

8. Planning authorities should approve planning applications that accord with policies in the local development plan, unless other material planning considerations indicate they should not.
9. Planning considerations include things like:
• access to the highway;
• protection of ecological and heritage assets; and
• the impact on neighbouring amenity.
10. Planning considerations do not include things like:
• views over another’s land;
• the impact of development on property value; and
• private rights and interests in land.
11. Planning authorities may impose planning conditions to make development acceptable in planning terms. Conditions should be necessary, enforceable and reasonable in all other regards.
12. Planning enforcement is discretionary, and formal action should happen only when it would be a proportionate response to the breach. When deciding whether to enforce, councils should consider the likely impact of harm to the public and whether they might grant approval if they were to receive an application for the development or use.

What happened

13. X originally made their complaint against a development corporation, LLDC, which was acting as the planning authority for the area. On 1 December 2024, the development corporation’s planning functions, including enforcement, were returned to the local Council.
14. X has complained to the Council and a planning enforcement officer visited the site this month. X said the officer found evidence of breaches of planning control and has opened an enforcement file.

My findings

15. We are not a planning appeal body. Our role is to review the process by which planning decisions are made. We look for evidence of fault causing a significant injustice to the individual complainant.
16. Before we begin or continue our investigations, we consider two, linked questions, which are:
• Is it likely there was fault?
• Is it likely any fault caused a significant injustice?
17. If at any point during our involvement with a complaint, we are satisfied the answer to either question is no, we may decide:
• not to investigate; or
• to end an investigation we have already started.
18. I should not investigate this complaint further because the local Council has only just begun its investigation after LLDC’s planning functions were returned to the Council in December 2024. The Council should be given an opportunity to consider X’s allegations and decide whether and how to use its enforcement powers.

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Final decision

19. I have ended my investigation to allow the Council an opportunity to consider X’s allegation and decide what action, if any, it should take, now that it has taken over the planning function for the area where X lives.

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Investigator's decision on behalf of the Ombudsman