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Building Control

29 August 2023 - Complaint reference 23 006 289

Mr X complained about the Council’s handling of a building control matter. The Ombudsman will not investigate this complaint about the Council’s application of building regulations. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault in the Council’s actions to justify an investigation.

10 March 2021 - Complaint reference 20 009 459

Mr X complained about the Council’s handling of a building control matter. The Ombudsman will not investigate this complaint. This is because they cannot achieve any worthwhile outcome for Mr X.

Car Parks

14 June 2023 - Complaint reference 23 005 218

Mr X complained about the type of Electric Vehicle (EV) charging point installed in the Council’s area. Mr X is unhappy the chargers use a particular type of charging plug (CCS). This is not compatible with Mr X’s own EV, which uses a different type of plug (CHAdeMo). The Ombudsman will not start an investigation into Mr X’s complaint. This is because the Council has offered a proportionate and reasonable response to Mr X’s complaint.

28 January 2022 - Complaint reference 21 014 147

Mr B complains about the Council’s handling of his compensation claim after his car was damaged. He says the Council failed to give proper consideration to the merits of his claim or consider settlement negotiations. Mr B says this meant he was forced to start court proceedings which eventually resulted in the Council offering to settle his claim in full and pay his court costs. Mr B would like the Council to pay him compensation - in line with its own legal fees - for the avoidable time and inconvenience he has been put through. The Ombudsman cannot investigate Mr B’s complaint about the Council’s consideration of his compensation claim. This is because Mr B took the Council to court.

Corporate Services

13 December 2021 - Complaint reference 21 010 949

Mr X who is a councillor, complained about the conduct of three other councillors which he considered was a breach of the Members’ Code of Conduct. He says the councillors carried out intimidating behaviour and the Council failed to investigate his complaint. The Ombudsman will not investigate this complaint about a complaint concerning the conduct of three councillors. There is insufficient evidence of any fault in the way the complaint was investigated by the Monitoring Officer.

15 November 2019 - Complaint reference 19 006 300

Mr X complains the Council has refused to consider his complaint and that staff have been obstructive and sent offensive letters. The Ombudsman will not investigate this complaint. This is because it is unlikely we will find fault in the Council’s actions. And we do not consider that Mr X has suffered a significant personal injustice which warrants our involvement.

Council Tax

6 December 2021 - Complaint reference 21 011 192

Mr X complains that the Council will not award a council tax discount on his property. The Ombudsman will not investigate this complaint because there is a right of appeal to a Valuation Tribunal.

13 October 2021 - Complaint reference 21 006 694

Ms X says the Council is using aggressive tactics to recover council tax arrears. The Ombudsman will not investigate this complaint about the way the Council is trying to recover council tax arrears from the complainant. This is because there is insufficient evidence of fault by the Council.

Development control

3 November 2023 - Complaint reference 23 010 381

Mr X complains the Council refused to consider the points he made when requesting that an objection to his planning application be removed from the planning pages on its website. The Ombudsman will not investigate this complaint about the Council’s decision to allow a written representation to remain on its planning portal. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is late, and it is not unreasonable to expect the complainant to have come to us much sooner.

26 May 2022 - Complaint reference 22 002 178

Mr X complains the Council granted planning permission for two developments on the street where he lives without considering the impact on access to private land and neighbouring properties. Mr X says this has affected the quality of life of local people. The Ombudsman will not investigate this complaint about the Council’s decision to grant planning permission for developments on the street where Mr X lives. This is because he has not been caused an injustice.

26 April 2022 - Complaint reference 22 000 319

Mr X complained about the Council’s failure to take action over unauthorised development by his neighbour. He also says he was subject to excessive noise when the approved works took place. The Ombudsman will not investigate this complaint about the Council’s failure to take sufficient enforcement action over a breach of planning regulations. There is insufficient evidence of fault which would warrant an investigation.

18 February 2022 - Complaint reference 21 014 281

Mr B has complained that the Council has failed to deal with planning breaches at an anaerobic digester near is home. He also says it has not addressed nuisance from a nearby pig farm. The Ombudsman will not investigate how the Council has dealt with the complainant’s concerns about an anaerobic digester and a pig farm as they are unlikely to find there has been fault by the Council.

10 February 2022 - Complaint reference 21 005 635

Mr B complained about the Council’s handling of an application for prior approval for permitted development. He said the Council did not publicise the application properly or address his objections before granting approval. The Ombudsman found there was no fault by the Council.

31 January 2022 - Complaint reference 21 013 444

Miss X complains about flooding on an allotment she rents. She says the Council should not have signed off the allotments as they are not fit for purpose and that it should carry out work to improve drainage on the site. The Ombudsman will not investigate this complaint that the Council handed over allotments to the Town Council before they were up to specification. This is because the events happened too long ago, and we cannot achieve the outcome the complainant seeks.

14 September 2021 - Complaint reference 21 005 481

Mrs X complained that the Council had not taken formal enforcement action against a developer for a breach of planning control. She also complained it failed to keep proper records of past planning applications. The Ombudsman will not investigate Mrs X’s complaint about the Council’s handling of a planning enforcement matter. This is because there is no evidence of fault in its approach. We will not investigate Mrs X’s complaint about the Council’s failure to provide details of a previous application as it would be reasonable for her to take the matter to court.

25 August 2021 - Complaint reference 21 005 134

Ms B complained about the Council’s decision that her neighbour’s demolition of their veranda does not require planning permission. She says it contradicts permitted development rules and its previous correspondence with her. The Ombudsman will not investigate this complaint about the Council's decision not to require a planning application for demolishing a veranda. They do not consider the complainant has suffered a significant personal injustice which warrants investigating.

15 July 2021 - Complaint reference 20 010 254

Mr and Mrs C complained about the actions of the Council in approving two prior notification applications for development near their listed property. We cannot find fault with the decision-making process.

9 June 2021 - Complaint reference 21 000 709

Mrs B complained about the way the Council dealt with her applications for pre-application advice and planning permission. The Ombudsman will not investigate Mrs B’s complaint about the way the Council dealt with her applications for pre-application advice and planning permission. This is because there is not enough evidence of fault by the Council to warrant an investigation.

1 June 2021 - Complaint reference 20 008 377

Mr X complained the Council failed to properly consider the effects on his solar panels when approving planning permission. The Ombudsman determined there was no fault in how the Council considered the effect on Mr X’s solar panels. There was fault in how the Council explained its ability to control the development, but this did not cause an injustice to Mr X.

11 February 2021 - Complaint reference 20 009 784

Mrs X complained about the way the Council dealt with a neighbour’s planning application. The Ombudsman will not investigate this complaint because it is unlikely they can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

1 February 2021 - Complaint reference 20 009 542

Mr X complained about the Council’s consideration of and decision on his planning application. The Ombudsman will not investigate this complaint. This is because Mr X has rights of appeal to the Planning Inspectorate against the Council’s refusal decision. That appeal provides the remedy Mr X wants, for his application to be reconsidered.

17 September 2020 - Complaint reference 19 018 741

The Council provided Mr and Mrs B with incorrect information about a Tree Preservation Order on their land. The Council has agreed to pay them £820 to cover the cost of their unnecessary expenses and £500 in recognition of the significant inconvenience they experienced.

23 April 2020 - Complaint reference 19 021 251

Mr X complains that there are two planning applications on the Council’s website which wrongly link his home to the applications. The Ombudsman will not investigate this complaint that the Council has permitted two planning applications to be wrongly linked to the complainant’s home. This is because there is insufficient evidence of fault by the Council.

26 February 2020 - Complaint reference 18 018 599

The Ombudsman found fault by the Council on Mrs G’s complaint about the way it granted consent for a prior approval application for a telecommunications mast in an area of outstanding natural beauty. The planning officer failed to properly document the consideration and assessment of the proposed appearance and screening of the mast. The agreed action remedies the injustice caused.

20 December 2019 - Complaint reference 19 005 793

Mr B complains that there was fault in the way the Council decided to grant planning permission to extend the house to the rear of his own. The Ombudsman has found no fault in the way the Council considered the application, so we cannot question the merits of its decision to grant planning permission.

28 October 2019 - Complaint reference 19 002 424

Mr X complains the Council wrongly issued a Certificate of proposed lawful use for a car park. He says it wrongly determined the site was within the curtilage of the property and failed to properly consider relevant caselaw. There was no fault in how the Council made its decision.

30 August 2019 - Complaint reference 18 015 485

The Council is not at fault in how it reached its decision to grant planning permission for a neighbour’s development

31st July 2019 - Complaint reference 19 004 059

The Ombudsman will not investigate Mr X’s complaint that the Council failed to ensure a developer complied with the conditions on planning permission for a development where Mr X lives. The complaint was late and it was unlikely that the Council's actions would be found at fault.  

9th April 2019 - Complaint reference 18 010 423

The Ombudsman does not find the Council to be at fault when deciding not to include a tree in an adjacent garden in a tree preservation order.

1st April 2019 - Complaint reference 18 017 174

The Ombudsman will not investigate Mr X’s complaint that the Council granted planning permission for a bigger dwelling than he was allowed on land he used to own. The Council’s recent decision does not cause Mr X injustice and if he was unhappy with the decision on his application it would have been reasonable for him to appeal

Environmental Health

21 August 2020 - complaint reference 19 012 328

The is no evidence of fault in how the Council made its decision to serve an abatement notice which allowed a clay pigeon shoot to hold shooting events and practice shoots for 87 days per year.

23 July 2019 -  complaint reference 19 004 108

Mr X complains the Council failed to issue a Fixed Penalty Notice following his report of dog fouling. He also complains the Council has failed to provide him with information he has requested and breached the Data Protection Act. The Ombudsman does not intend to investigate this complaint. This is because we do not consider Mr X has suffered significant personal injustice, he has reported his complaint about access to information to the Information Commissioner’s Office. And we cannot investigate allegations of criminal activity or matters that affect all or most of the people in the Council’s area.

Housing Service

14 June 2023 - complaint reference 202220645

Mr X believed that the council had not done enough to remedy the noise generated by the ASHP heating system installed in his property. The Housing Ombudsman determined that the landlord responded appropriately to the landlord’s reports and complaints. It arranged inspections by relevant operatives, who were not able to identify any clear problems with the heating system. The landlord then went above its obligations by arranging to install a new system anyway, in an effort to address the resident’s concerns. These actions were reasonable and in line with good practice and customer service. The Housing Ombudsman determined that there was no maladministration by the landlord in respect of the complaint.

23 March 2022 - complaint reference 21 007 341

Mrs X complains the Council has failed to take sufficient action to stop a resident from feeding birds which is causing a nuisance. The Council is at fault as its investigation drifted. This is because it did not consider if the investigation should be carried out by its Environmental Health Team when its Housing Management Team could not progress the investigation. This caused frustration and uncertainty to Mrs X. The Council has agreed to remedy this injustice by apologising to Mrs X and drawing up an action plan to ensure its investigations do not continue to drift.

23 March 2022 - complaint reference 202106350

Mr X complains the Council has failed to take action in relation to issues with ASB in the area and odours coming from the property below. The Ombudsman has found that there was service failure by the landlord in its response to the resident’s reports of an odour from his neighbour’s property and there was maladministration by the landlord in its response to the resident’s reports of ASB in the local area as well as a service failure by the landlord in its handling of the associated complaint. The landlord has been ordered to pay the resident £300 in compensation as follows: £150 compensation for its failures in the handling of his reports of ASB; £50 compensation for its failures in the handling of his reports of an odour from Mr A’s property and £100 compensation for its failures in the handling of his complaint.

11 March 2022 - complaint reference 202011713

Ms X complains the Council has failed to take sufficient action to deal with issues of ASB from a neighbour. The Ombudsman has found that there was service failure by the landlord in respect of its response to the resident’s reports of ASB from her neighbour and there was service failure by the landlord in respect of its handling of the associated complaint. The landlord is ordered to pay the resident £300 compensation, broken down as follows: £250 in recognition of the inconvenience and distress caused by its handling of the resident’s ASB reports and £50 in recognition of the inconvenience caused by its poor complaint handling.

7 March 2022 - complaint reference 202114420

Mrs X complains the Council has failed to install a new kitchen within a reasonable timeframe causing distress and inconvenience to the tenant delaying the tenant's occupation of the property. The Ombudsman has found that there was maladministration by the landlord in respect of its handling of the kitchen replacement and there was a service failure in the landlord’s complaints handling. The landlord has been ordered to the pay the resident £500 compensation in recognition of the failures identified, £400 in relation to the kitchen replacement issues and £100 in relation to the complaints handling issues. The landlord must also review its record keeping policies and procedures to ensure that detailed and accurate records are maintained of its interactions with residents and internal discussions, including copies of agreements, notes of telephone calls and copies of emails and written correspondence. The landlord must also review its complaints handling process to ensure that it is able to evidence all information accessed in the course of its complaints investigation and relied on in its responses.

31 January 2022 - complaint reference 202100382

Miss X complains the Council has failed to carry out repairs to the property within a reasonable timeframe. The Ombudsman has found that there was maladministration by the landlord in respect of its handling of external repairs to the resident’s property and has been ordered to pay the resident £350 compensation for the failures identified in this report and to provide the resident with a written update on outstanding works and a written explanation of its decision not to install a soakaway.  

16 February 2022 - complaint reference 21 014 705

The Local Government Ombudsman will not investigate this complaint about the complainant’s banding on the housing register. This is because the Council has moved the complainant’s application into a higher band.

18 August 2021 - complaint reference 202011449

The Ombudsman has found that there was no maladministration by the landlord in its handling of the resident’s reports of anti-social behaviour caused by her neighbour because the landlord complied with its anti-social behaviour policy by offering mediation, requesting diary sheets, logging an anti-social behaviour case, which remained open following the completion of the complaint investigation, installing noise monitoring equipment at the resident’s property on two occasions, and issuing the neighbour with a warning about their behaviour.

29 January 2021 - complaint reference 202007087

In the Ombudsman’s opinion the landlord’s decision to not reinstate home visits as part of the MSS service from May 2020 was reasonable as it explained that its decision was made following a risk assessment, taking into account the Government’s guidance, to protect its staff and residents.

7 December 2020 - complaint reference  201912937

The ombudsman found fault with the Council's handling of the ASB investigation and was ordered to pay £300 to the complainant to acknowledge the distress and inconvenience of the landlord’s decision to not clearly respond to the tenant’s ongoing reports of ASB.

Recycling and Waste

20 August 2021 - Complaint reference 21 005 079

Mr B complains the Council has missed 8 refuse/recycling collections over an unspecified period. He says the Council has taken his money for the refuse collection service but failed to deliver. He wants to be paid his hourly rate for the 8 occasions he had to contact the Council. The Ombudsman will not investigate this complaint about missed refuse/recycling collections. The complainant has not suffered sufficient personal injustice to warrant their involvement. And they cannot achieve the outcome he is seeking.