Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complaint is late.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with a breach of planning control.

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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 have considered Mr X’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision and have considered his comments in response.

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What I found

5. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately. Informal action can often be the quickest and most cost-effective way of achieving a satisfactory result. The council may also request a retrospective application to regularise the situation. However, if the development is considered unacceptable, it may be necessary to take other action to secure compliance such as serving a breach of condition or enforcement notice.

What happened

6. Mr X contacted the Council to complain as he said his neighbour had built a detached garage without planning permission. The Council looked into Mr X’s concerns and invited Mr X’s neighbour to submit a retrospective application to regularise the development. The application also included a first-floor extension built without the necessary approval. The Council considered the retrospective application and granted planning permission for the development.
7. Mr X is unhappy with the Council’s decision and says the building encroaches on his land. Mr X also complains his neighbour has recently erected a second outbuilding with a sloping roof which crosses the boundary with his home.

Assessment

8. I will not investigate Mr X’s concerns about how the Council dealt with a breach of planning control. This is because the complaint is late.
9. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mr X first complained to the Council about the unauthorised development in 2016 and the Council granted retrospective planning permission in 2017. I therefore consider Mr X’s complaint about how the Council dealt with the breach of planning control late. I understand Mr X says he has been in correspondence with the Council for some time and it has not resolved his concerns. But he has known about the matter since 2016 and I see no good reason to exercise discretion to investigate as Mr X could have complained to the Ombudsman sooner.
10. I understand Mr X says his neighbour has built another outbuilding without permission. However, Mr X can contact the Council if he believes there has been a further breach of planning control so it can consider the matter. Mr X says the buildings encroach on his land. But the Council cannot get involved with land ownership issues as this will be a private civil matter between Mr X and his neighbour.

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Final decision

11. We will not investigate this complaint. This is because the complaint is late.

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Investigator's decision on behalf of the Ombudsman