Summary: We will not investigate this complaint about a Council failing to consider damage from trees when granting planning permission for a dwelling. This is because it is a late complaint and there are no good reasons to exercise discretion to accept it now.

The complaint

1. Mr X complains planning permission was granted for development of a dwelling in 2015 and no consideration was given to the distance between existing trees and the house which Mr X subsequently purchased. Mr X says it has caused him stress due to the constant threat of injury and damage arising from the proximity of the trees and he would like the Council to remove the trees within falling distance of his property.

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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 considered information provided by the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council granted planning permission in 2015. It says Mr X first contacted the Council about this matter in October 2018. Mr X did not complain to the Ombudsman until October 2021 and so this is a late complaint, and we will not investigate it. We have discretion to set aside the restriction on late complaints where we decide there are good reasons. In this case we have decided not to exercise discretion because it is reasonable to expect Mr X to have complained to us sooner about what happened. Mr X has not provided any good reasons why he did not complain to us within 12 months of knowing about the matter.

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Final decision

6. We will not investigate this complaint. This it is a late complaint and there are no good reasons to exercise discretion to accept it now.

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Investigator's decision on behalf of the Ombudsman