Summary: We will not investigate this complaint about a planning decision made several years ago. We could not come to sound decisions about historical planning decisions, and in any event the injustice Mr X claims is not a matter for the Council as it is a civil matter between him and his neighbours.

The complaint

1. Mr X complained about a planning decision the Council made over ten years ago. He says the estate built next to his home has compromised his security and the planning decision allowed inadequate boundary fencing. He says the developers passed on responsibility for the fencing to the new neighbours, but the neighbours have refused to replace it. He wants the Council to install a suitable boundary.

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The Ombudsman’s role and powers

2. 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)

We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complains about a planning decision from more than ten years ago, which allowed an estate to be developed next to his property with boundary fences he says are not suitable. He complained to the Council about inadequate fencing in 2012. He complained to the Ombudsman, and we issued a decision not to investigate the matter.
6. We cannot reconsider matters we already decided ten years ago. In any event, even if we had not previously considered the matter, we could not now come to sound decisions about events of ten years ago. I have, however, considered the events Mr X says have taken place since then, to decide whether there is a complaint within our jurisdiction due to the injustice Mr X claims having arisen more recently.
7. Mr X says the fencing has fallen over and requires replacing. His view is this is due to it having been inadequate in the first place, for which he holds the Council responsible. Mr X says the developer passed on responsibility for the upkeep of the fencing to the homeowners. This would mean that any issues with its condition is a civil matter between Mr X and his neighbours, and not the responsibility of the Council.
8. Mr X says his neighbours have refused to replace the fencing despite it being their responsibility. It is open to Mr X to seek legal advice and, if necessary, pursue action against his neighbours to require them to take action.

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Final decision

9. We will not investigate Mr X’s complaint because it is about events that occurred over ten years ago, and the injustice he claims happened more recently is a civil matter between him and his neighbour.

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Investigator's decision on behalf of the Ombudsman