Summary: We will not investigate this complaint about a planning application and building control. Some elements of the complaint and are late, and there are no good reasons why Mrs X could not have complained sooner. Of the parts that are not late we are unlikely to find fault with the Council.

The complaint

1. Mrs X complains about planning permission the Council granted to a neighbouring property in 2022. Mrs X complains:
1. The Council ignored the comments of her letter objecting to the planning application.
2. The Council published her letter objecting to the planning application without any redactions.
3. Following the planning permission, the building so far appears to be in breach of the approved plans.
4. The Council is approving the use of unsafe materials.
5. The Council’s communications regarding her concerns and complaints have been inadequate.
2. Mrs X says the Council’s decision to permit the building, and subsequent approval of unsafe materials, has put her family at risk of harm and impacts their enjoyment of their garden. She wants the Council to ensure all building regulations are adhered to.

Back to top

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’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered information provided by Mrs X.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The planning application, the publication of Mrs X’s letter and the granting of planning permission all occurred in 2022. Mrs X complained to us on these matters in 2025. I see no reason she could not have brought the complaint to us sooner. So, the restriction in paragraph 4 applies and we will not investigate complaints a) and b).
9. The Council has demonstrated it considered and investigated Mrs X’s concerns about breach of the approved plans. The Council decided the development is in line with the approved plans, and so no breach had occurred. Mrs X was made aware of the Council’s decision in 2024 but did not bring her complaint to us until more than 12 months later. I see no reason she could not have brought the complaint to us sooner. So, the restriction in paragraph 4 applies and we will not investigate complaint c).
10. With regards complaint d), the Council has considered Mrs X’s concerns about unsafe materials and building regulation. The Council did checks and found the building control process was still ongoing, and building regulation certificates had yet to be granted. The Council explained to Mrs X it will advise the property developers to ensure works comply with all aspects of building regulation. We are unlikely to find fault with the Council for its response, so we will not investigate.
11. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to investigate the substantive issue. So, we will not investigate complaint e).

Back to top

Final decision

12. We will not investigate Mrs X’s complaint because Some elements of the complaint and are late and there are no good reasons to consider it. Of the elements that we could investigate, we are unlikely to find fault with the Council.

Back to top

Investigator's decision on behalf of the Ombudsman