Summary: Mr X complained about the Council’s planning decisions to introduce a new road junction layout close to properties which he owns which has reduced their value and amenity. We should not exercise discretion to investigate this complaint. This is because it concerns a complaint about matters which the complainant was aware of more than 12 months before he made the complaint to us.

The complaint

1. Mr X complained about two planning applications in 2018 and 2019. He says the Council has not changed the basic layout which was approved despite his complaining about the effect on residential properties close to the junction for almost three years.

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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)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response. Mr X has been given an opportunity to comment on a draft copy of my response.

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What I found

4. Mr X owns 3 properties in a street which he says has been badly affected by traffic and light pollution since the Council approved two planning applications to modify a nearby road junction to allow for future development.
5. Mr X objected to the planning applications in 2018 and 2019 because he was concerned about the effect on the amenity of his properties. The Council approved the plans because its overall view was that the plans were acceptable under its planning policy.
6. Mr X complained about the initial decision in 2018 and made a further formal complaint in 2020. The Council told him that it would not reconsider the most recent complaint about the planning decisions because they are now out of time.
7. The Ombudsman does not normally investigate complaints about matters which the complainant has been aware of more than 12 months before complaining to us. In this case Mr X has been commenting and complaining about this matter since 2018 but did not complain to us until November 2020.
8. We will not exercise discretion to consider the complaint now because there is insufficient evidence of fault in the planning process to which he objected in 2018 and 2019.

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Final decision

9. We should not exercise discretion to investigate this complaint. This is because it concerns a complaint about matters which the complainant was aware of more than 12 months before he made the complaint to us.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman