Summary: We will not investigate this complaint about the Council’s handling of a planning enforcement case and associated planning applications at a site in the complainant’s local area. The alleged faults have not caused him a significant personal injustice, and we cannot achieve one of the outcomes he is seeking.

The complaint

1. Mr X complains about the Council’s handling of a planning enforcement case and associated planning applications relating to developments on a site in his local area.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start 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, or
• we cannot achieve the outcome someone wants.

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

3. In relation to the first and second bullet points above, we do not start an investigation if we decide the impact of the alleged fault a person complains about is not so significant that we should investigate. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures.

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How I considered this complaint

4. I considered:
• information provided by Mr X
• information about the planning applications relating to the site, on the Council's website.
• the Ombudsman’s Assessment Code.

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My assessment

5. I appreciate Mr X is concerned about the structures on and the use of this site, and is unhappy/frustrated about the Council’s handling of the planning enforcement case and associated planning applications. I also acknowledge he has spent time and effort on pursuing the matter over the last few years.
6. But, given the distance between the application site and Mr X’s property, and taking into account paragraphs 2 and 3 above, I am not persuaded that any personal injustice caused by the alleged faults is so significant as to justify starting an investigation.
7. We also cannot direct the Council to revoke a planning approval, so we cannot achieve one of the outcomes he is seeking.

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Final decision

8. We will not investigate Mr X’s complaint because the alleged faults have not caused him a significant personal injustice, and we cannot achieve one of the outcomes he is seeking.

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Investigator's decision on behalf of the Ombudsman