Summary: We will not investigate this complaint about a large market near Mrs X’s property. This is because the complaint is late and there are no good reasons.

The complaint

1. Mrs X complains about a large market near her property. She says there was little to no proper consultation with residents and has been poorly managed. She says this has a significant impact on her right to enjoy her house and garden due to the noise and smells.
2. Mrs X wants:
• proper management on site;
• the Council to comply with policies and regulations;
• a reduction in the number of stalls;
• a change to opening times;
• a clean up of the area; and
• the arrangement of a quarterly meeting with affected residents.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X says the market became permanent in 2022 and the number of stalls has increased significantly since it was established. She complained to the Council in July 2024. The Council issued its final complaint response in May 2025, and Mrs X complained to us in March 2026.
8. We will not investigate this complaint because it is late. Mrs X was aware of the matters complained about more than 12 months before she complained to us. Although I understand the market may not have become a problem immediately after it became permanent in 2022, she was sufficiently concerned to complain to the Council in July 2024. If she remained dissatisfied after completing the Council’s complaints procedure in May 2025, she could have complained to us then. I have seen no good reason for the delay in bringing the complaint to us or to exercise discretion to investigate it now.

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Final decision

9. We will not investigate Mrs X’s complaint because it is late and there are no good reasons.

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Investigator's decision on behalf of the Ombudsman