Summary: Mr X complains the Council failed to enforce the planning conditions on landscaping where they live. The Ombudsman does not intend to investigate this complaint because it is late. And we cannot achieve the outcome they are seeking.

The complaint

1. Mr X complains for him and his neighbour, Mr Y. They both have homes on a small development of flats and houses. They complain the Council failed to enforce planning conditions on landscaping for the site and this has the potential to devalue their property.
2. They want the Council to confirm the developer was in breach of the planning conditions from the outset and should impose the original landscaping plan.

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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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council
• it is unlikely further investigation will lead to a different outcome
• we cannot achieve the outcome someone wants

(Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

6. I considered the information provided by Mr X and the Council, including the Council’s responses to his complaint. I also considered the information about the planning permission for the site which is available on the Council’s website.
7. Mr X and Mr Y commented on the draft version of this decision.

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What I found

8. The Council granted planning permission for the development in 2012. This includes a condition which says that before the development begins the applicant must provide a landscaping plan which must be approved in writing by the Council. The development must be maintained according to the approved plan for 5 years or until established whichever is sooner. It also says that any trees or shrubs removed, or in the Council’s opinion are dead or dying, within 5 years of the planning decision should be replaced by similar plants.
9. In 2016 Mr X complained to the Council about the condition of the landscaped areas of the site. The Council opened a planning enforcement file and contacted the developer.
10. The developer told the Council that it would:
• be meeting Mr X to discuss his concerns
• carry out additional weedkilling
• review the condition of the trees; and
• confirm it was not installing play equipment

The developer also told the Council it had emailed Mr X to confirm what action is was taking. The Council was satisfied.

11. Mr X did not contact the Council again until late 2018 when he asked his ward councillor for help. As the deadline for enforcing the planning condition expired in 2017 the Council persuaded the developer to replace three trees it had removed in 2017. Mr X complained to the council in March. He was not satisfied with the Council’s response and stepped up his complaint. The Council says it has no record of receiving this request until he contacted them again in May. The Council’s sent its final response in June.

Assessment

12. The Ombudsman expects people to complain to him within 12 months of them first becoming aware of the issues complained of. Mr X complained to the Council in 2016. If he considered the Council was at fault he should have complained then, or within 12 months. For his complaint to the Ombudsman to be in time, it should have been made to us by June 2017 at the latest.
13. I have considered whether there are good reasons to exercise discretion and investigate this late complaint. Mr X says the Council failed to fully investigate the breach of the planning condition which he reported in 2016. He wants the Council to force the developer to implement the agreed landscape plan. However, the planning condition expired in 2017 and the Council cannot now take enforcement action against the developer. The Council has also advised Mr X that having visited the site it is satisfied the planting is maintained to a reasonable standard.

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Final decision

14. Subject to any comments Mr X might make, my view is the Ombudsman cannot investigate this complaint because the complaint is made too late and we cannot achieve the outcome he is seeking.

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Investigator's decision on behalf of the Ombudsman