London Borough of Harrow (19 013 774)

Category : Planning > Building control

Decision : Closed after initial enquiries

Decision date : 20 Jan 2020

The Ombudsman's final decision:

Summary: Mr X complains about the Council’s alleged failure to take enforcement action against a property he says was built without planning permission. The Ombudsman will not investigate Mr X’s complaint. This is because the complaint is late and there is no reason Mr X could not have complained to the Ombudsman much earlier.

The complaint

  1. Mr X complains about the Council’s alleged failure to take enforcement action against a property he says was built without planning permission.

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The Ombudsman’s role and powers

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

  1. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

  1. Mr X complains about the Council’s alleged failure to take enforcement action against a property he says was built without planning permission. Mr X says the property is damaging his own – which is next door. Mr X says the property in question has been there since 2003.
  2. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. 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 clear and compelling reasons to do so. I do not consider that to be the case here. I see no reason Mr X could not have complained much earlier and so the exception at paragraph 3 applies to his complaint.

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Final decision

  1. The Ombudsman will not investigate Mr X’s complaint. This is because the complaint is late and there is no reason Mr X could not have complained much earlier.

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Investigator's decision on behalf of the Ombudsman

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