Summary: Mr Y complained about the Council’s decision to grant a planning application for a development near his home. The Ombudsman will not investigate this complaint. This is because Mr Y’s complaint is late and there are no good reasons for the Ombudsman to investigate it now.

The complaint

1. Mr Y complained about the Council’s decision to grant planning permission in 2018 and 2019 for property near his home. He says there have been a number or irregularities including incorrect descriptions of the development and a change of the property address. He has also complained about a lack of conditions in a planning permission granted in 2018 to protect a tree under a Tree Preservation Order (TPO).

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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)

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How I considered this complaint

4. I reviewed the details of the complaint and documents provided by Mr Y. Mr Y has had the opportunity to comment on our draft decision. I considered any comments received before making this final decision.

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What I found

5. Mr Y complained about a series of planning applications for work on a property near his home. He has been commenting upon the planning applications over the last five years. His complaint is about two applications made in 2018 and 2019 which the Council granted, despite what he considers as problems within the applications.
6. Mr Y’s concerns about the applications included a change of address for the property due to be developed, a change to the description of the work on the 2018 application and reference to the development as being for residential use only when it would be for holiday letting. He has also complained that the permission granted does not include conditions to protect a tree on the development, which is under a TPO.
7. The Council decided the applications in October 2018 and February 2019. Mr Y complained to the Council in April 2019. He received a final response from the Council in June 2019, which referred him to the Ombudsman. Mr Y then contacted to the Ombudsman about his complaint in July 2020.

Analysis

8. Mr Y has been aware of the issues he wanted to complain about, including the issues with the applications and the TPO since October 2018 and any further issues with the most recent planning application since February 2019.
9. However, Mr Y did not refer his complaint to the Ombudsman until July 2020. This was more than 12 months since he became aware of the issues he complains about. The complaint is therefore late. Mr Y has not explained why he did not come to the Ombudsman sooner when it appears reasonable to have expected him to. Consequently, there is no evidence of good reasons for the Ombudsman to consider this complaint now.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because it is late without good reason.

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Investigator's decision on behalf of the Ombudsman