Summary: We will not investigate Mr X’s late complaint about the Council’s handling of planning enforcement matters in 2023. There appear no good reasons why the complainant could not have brought their concerns to us sooner.

The complaint

1. Mr X complains about the Council’s failure to investigate serious safety concerns, unauthorised development and misrepresentation by parties acting as the developer and freeholder of his property. Mr X wants:

• a full investigation into the safety and legality of the roof conversion;
• clarification whether the development is authorised;
• a review of Building Control sign off validity;
• remedial action and improved service standards; and,
• compensation for distress, delay and Council failings.

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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 complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X first approached us with his complaint about the Council’s handling of this matter in early 2023. We referred his complaint back to the Council because the law says we must give councils the opportunity to consider complaints before investigating ourselves.
6. The Council completed its consideration of Mr X’s concerns in May 2023. The Council informed Mr X at the time that it would not be taking planning enforcement action. It explained that while a planning condition had not been fully complied with, it considered any harm caused by this breach was minor and did not merit further action.
7. We usually expect people to complain to us within 12 months of the events they are complaining about. We can exercise discretion to consider late complaints if there is good reason to do so. Mr X has been aware of these issues since 2018 and the Council’s decision not to take further enforcement action since May 2023. Any concerns Mr X continues to have about the Council’s handling that occurred more than 12 months prior to him bringing his complaint back to us are now late. I have seen no good reasons why Mr X could not have brought his concerns to us sooner, so I will not exercise discretion to investigate this late complaint now.

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Final decision

8. We will not investigate Mr X’s complaint because it is late and there appear no good reasons why it could not have brought back to us to consider sooner.

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Investigator's decision on behalf of the Ombudsman