The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not taking planning enforcement action for what he sees as a breach of planning control. This is because we are unlikely to find fault by the Council.
The complaint
Mr X owns a flat in a building that comes with electric vehicle (EV) charging points. He says the charging points are unusable, and so he is spending thousands of pounds yearly charging his car elsewhere. He complains the Council is not using its enforcement powers to compel the freeholder to maintain the EV charging points, despite their installation being a condition of the building’s planning permission. He says the Council’s failure to use its enforcement powers is a contradiction of its net zero carbon emissions commitments and feels it will have an impact on the value of his property. He wants the Council to offer a solution.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X.
I considered the building’s planning permission decision notice.
I considered the Ombudsman’s Assessment Code.
My assessment
When the Council granted the building planning permission, it was a condition of the planning permission the building should come with EV charging points. However, the planning permission did not require the upkeep of those charging points. So, there is no duty on, or power for, the Council to compel the freeholder to maintain the EV charging points. The Council has told Mr X this, and we are unlikely to find fault in the Council’s approach to this issue.
The maintenance of the EV charging points is ultimately a matter between Mr X and the freeholder. We could not hold the Council responsible for this or recommend a remedy for it.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman