Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a planning application for a recycling centre. The planning matters have been brought to us late and the remaining matters are not an administrative function of this Council.

The complaint

1. Mrs X complains the Council decided to regularise activities on a neighbouring recycling centre through a planning application. She says the Council did not properly consider the impact of the recycling centre when considering the application. Mrs X also complains the Council have not taken action following her reports of noise, vibration, and pollution from the recycling centre.

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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)
4. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) 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. In 2022 the Council approved a planning application for the expansion of a commercial waste recycling centre neighbouring Mrs X’s property. Mrs X says the Council did not properly consider the impact the expansion would have on pollution, noise, or the environment. Mrs X says planning enforcement action should have been taken instead of regularising the breach.
8. Mrs X has been aware of the planning application’s approval since 2022. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mrs X did not complain to the Ombudsman until 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.
9. Mrs X has reported noise, vibrations, and pollution from the recycling centre.
10. As a county council, this Council is not responsible for environmental health, including reports of noise and pollution. The district council is responsible for environmental health in Mrs X's area.

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Final decision

11. We will not investigate Mrs X’s complaint. The planning matters have been brought to us late and the remaining matters are not an administrative function of this Council.

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Investigator's decision on behalf of the Ombudsman