Mr X complained that Swansea Council failed to take action regarding a an unauthorised development, failed to enforce planning controls, and did not address his concerns in the complaint response.
The Ombudsman found that, while the matter had been ongoing for a long period of time and a complaint response had been provided, the complaint response did not include many details regarding the concerns raised, the Council took little action over a prolonged period of time, and there were considerable delays. The Ombudsman said this caused uncertainty and frustration for Mr X and decided to settle the complaint without an investigation.
The Ombudsman sought and gained the Council’s agreement to, within 2 weeks, issue the Enforcement Warning Notice, ensure the Enforcement Officer has spoken to the Legal Department to commence prosecution proceedings, to update Mr X on the steps it has taken, and to advise Mr X that regular updates will be provided on the progress. Furthermore, within 4 weeks, the Council will provide Mr X with a complaint response that includes more detail regarding the concerns raised, sets out why no action was previously taken, and acknowledges and apologises for the avoidable delays. This response will also provide a summary / chronology of the events that have occurred during the last 12 months and will include an apology and explanation as to why the Enforcement Warning Notice was not issued and why the commencement of legal proceedings did not take place. The complaint response will also include an offer of £200 financial redress payment in recognition of the delays and the time and trouble of complaining to the Ombudsman.