Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s decision to grant planning permission for work to a property close to his home. This is because Mr X’s complaint is late and there is no reason Mr X could not have complained much earlier.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s decision to grant planning permission for work to a neighbouring property. Mr X says the property now overlooks his own.

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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 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

5. Mr X complains about the Council’s decision to grant planning permission for an extension to a neighbouring flat. Mr X says a roof terrace on the extension overlooks his own property. Mr X says there is confusion over the plans shown on the Council’s website. Mr X says a window has been replaced with a door to provide access to the roof terrace.
6. The Council has responded to complaints from Mr X. It says planning permission for the development was granted in 2013. The Council’s view is that the roof terrace has been built in accordance with the approved plans. But the Council has agreed a door to the terrace is not shown on the plans. It has therefore served the owner with a Breach of Conditions Notice. This requires the owners to replace the door with a window.
7. 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 good reasons to do so. I do not consider that to be the case here.
8. Mr X first complained to the Council in February 2015. He complained again in April 2016 and April 2017. A solicitor acting on behalf of Mr X formally complained to the Council in December 2017. Mr X complained again at the end of 2019. Mr X says he was not aware of the Ombudsman – but we have been in existence for almost 50 years. Mr X was professionally represented for part of his complaint. I therefore see no reason to exercise our discretion to consider his complaint. The exception at paragraph 3 therefore applies. But, if Mr X is unhappy about the Council’s recent enforcement action, and the eventual outcome, then he may be able to make a fresh complaint to the Council and then the Ombudsman.

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Final decision

9. 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