Summary: We will not investigate this complaint about the Council’s actions on a reported breach of planning control. The complaint is late, and I have seen no good reasons to exercise our discretion to investigate it.

The complaint

1. The complainant, I shall call Mr A, represents Mr B. He says a site next to Mr B’s home has not been developed according to all the approved drawings. He complains the Council has decided the drawings in question relate to development outside the application site.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the Mr A and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr A’s complaint concerns the Council’s actions from more than 2 years ago. Therefore, this complaint is late. Also, the Council told Mr A of his right to ask the Ombudsman to investigate his complaint in December 2020.
7. I have considered whether we should exercise our discretion to investigate the late complaint, but I have seen no good reasons to do so.

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Final decision

8. We will not investigate Mr A’s complaint because it is too late and there is no good reason to exercise discretion.

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Investigator's decision on behalf of the Ombudsman