Summary: We will not investigate Mr X’s complaint that the Council in 2018 served a notice requiring him to clear and improve the condition of his land and that it was not helpful in 2019 when he reported an incident of anti-social behaviour. Mr X complains late and could have appealed the notice to court. The Council has not caused Mr X an injustice.

The complaint

1. Complaint 1: Mr X complains the Council in July 2018 served a planning notice requiring him to clear his land of certain items and overgrowth. Mr X says the Council has stopped him keeping equipment in his front yard. He says this stopped him earning a living and he had to rent alternative storage.
2. Complaint 2: Mr X complains that the Council was not helpful when he reported children throwing stones at his property in May 2019.

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The Ombudsman’s role and powers

3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I have considered Mr X’s information and comments. The information includes the notice and correspondence with the Council.

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What I found

7. In July 2018, the Council served Mr X with a section 215 notice (Town and Country Planning Act 1990) requiring him to replace a fence, clear his land of items ringed in attached photographs and to cut overgrowth. The notice was issued because of the adverse impact on local amenity and explains Mr X could appeal against it to the Magistrates Court.
8. On 29 August 2018, the Council wrote to Mr X following a site inspection saying he still needed to clear the side of his property and overgrowth. It was unsightly from the front and a ‘complete mess’. The Council gave Mr X the option of screening the front boundary with a 2-metre boarded fence.
9. On 18 February 2019, the Council wrote to Mr X and informed him he had complied with the notice and no further action would be taken.
10. Mr X says during this period he had contradictory advice from CAB and his solicitor. He did not appeal the notice.
11. On 14 May 2019 Mr X wrote to the Council about an incident in which children at a nearby caravan site/caravan pitch had thrown stones at his new boundary fence. The Council replied, on 3 June 2019, saying it could not take planning enforcement action. The caravan pitch had planning permission. It advised Mr X if there was another incident to report to the police or its anti-social behaviour officer. Mr X says he contacted the team which was not helpful. There is no mention of a further incident or referral.
12. On 12 June 2019, the Council replied to Mr X about his complaint regarding the enforcement notice and the caravan site. On 26 July 2019, the Council advised Mr X he could complain to this office which he did on 29 May 2020.

Analysis

13. I will not investigate this complaint for the following reasons.
14. Complaint 1: Actions regarding the notice to clear land are outside the Ombudsman’s jurisdiction for two reasons.
15. Mr X complains late and outside the legally permitted period of 12 months (see paragraph 4 above). This covers events before 30 May 2019. I will not exercise discretion to investigate because Mr X could have complained sooner. He was told the case was closed by letter dated 18 February 2019.
16. Mr X had a right to appeal the notice to the Magistrates Court (see paragraph 5). I consider it was reasonable for Mr X to appeal to court if he disagreed with the notice. The Magistrates had the power to deal with the case.
17. If Mr X believes the Council is stopping him keeping equipment on his land then he can take his own legal advice. The notice does not appear relevant to the keeping of equipment.
18. Complaint 2: We investigate fault causing injustice. The Council did not cause Mr X an injustice by its response to his contact about an anti-social behaviour incident. There is no mention of a problem since around May 2019.

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Final decision

19. The Ombudsman will not investigate Mr X’s complaint that the Council in 2018 served a notice requiring him to clear and improve the condition of his land and that it was not helpful when he reported an incident of antisocial behaviour. Mr X complains late and could have appealed the notice to court. The Council has not caused Mr X an injustice.

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Investigator's decision on behalf of the Ombudsman