HEREFORDSHIRE Council has been told to pay a resident £200 following a delay in pushing for a developer to complete roadworks.

The Local Government Ombudsman said the council failed to promptly pass a planning enforcement case to its legal department.

The complainant, who was called Mrs B by the ombudsman, complained that the council failed to enforce conditions requiring the widening and resurfacing of a Hereford road on which she owned property. She had sold her Tupsley property in February 2016 and, as the road had not been finished, she left a retainer of £7,500 with the buyers as insurance that the condition attached to the planning consent would be enforced.

Mrs B told the council that if the resurfacing work was not done by December she would lose this money, which she eventually did as the work was not completed.

The ombudsman said the council had been at fault and Mrs B was caused injustice as she put time and trouble into chasing the matter.

However, the ombudsman also said that even if the delays identified had not occurred, Mrs B may not have avoided the loss of her retainer, and it was a private matter between her and the buyer.

The ombudsman recommended that the council pay Mrs B £200 for the injustice caused. The council was also told to review its planning enforcement matters.

The development had received planning approval in 2010 with the condition to widen Holywell Gutter Lane and resurface it.

The council first got in touch with the developer in June 2015. By April 2016, work had not finished and the council served a breach of condition notice (BCN), giving 28 days for compliance.

Work still had not been carried out by November, which is when the case was passed to its legal department and the developer was brought to court in February. The work has now been completed.

The ombudsman said the council should have passed the case to its legal department sooner.

Herefordshire Council said its planning enforcement team responded to the complaint by serving an enforcement notice last April.

“Officers liaised closely with the developer, who continually assured the council that the resurfacing was progressing,” the council said.

“Eventually the council was not satisfied that the progress was sufficient and sought legal action at Hereford Magistrates Court. The hearing was delayed until February.

“Herefordshire Council’s planning enforcement is bound by national guidance, and it is unfortunate the works could not be completed in the timeframe imposed on the complainant by her buyer.

“The ombudsman accepted this, confirming this was a private matter.”