Summary: We will not investigate Mr X’s complaint the Council in 2004 granted planning permission for housing without proper consideration of access rights to the development land. We cannot achieve what Mr X wants and he complains late about earlier actions.

The complaint

1. Mr X complains, for Company B, the Council granted planning permission in 2004 for a housing development without proper consideration of the application and later the discharge of planning conditions. In particular, the Council did not properly consider the ownership or control of the land over which the access road to the houses runs. Mr X says Company B now owns this land. He says the occupants of the housing do not have a right of access across the land and are trespassers. Mr X also complained to the Council about conditions covering drainage and a wheelie bin collection point which he says results in the householders illegally taking bins across Company B’s land. Mr X complaint to the Council says Company B has suffered a ‘very substantial financial detriment.’ Mr X wants the Council to revoke the planning permission.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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)

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How I considered this complaint

5. I have considered Mr X’s information and comments.

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My assessment

6. I will not investigate this complaint for the following reasons:
7. The Ombudsman cannot achieve what Mr X wants regarding the planning permission or say the Council caused Mr X an injustice. Company B bought the land after the planning permission and knowing the position. Mr X says it bid more money for the land than the developer. The principle of ‘buyer beware’ also applies.
8. A dispute about legal rights is for a court not the Ombudsman. In 2014 the Council wrote to Mr X, following a site visit, and explained its position. It says the planning conditions were properly considered and discharged and the site is accessible. It says whether anyone has a legal right to cross Company B’s land to access the housing development site is a private legal matter which does not involve the Council.
9. The handling of the 2004 planning application and subsequent actions is outside the Ombudsman’s jurisdiction because Mr X complains late, outside the ‘permitted period’ of 12 months (see paragraphs 3 and 4). The Council explained its position many years ago and Mr X could have complained sooner. I note Mr X dropped his complaint with the Council for some years. His complaint to the Council of June 2022 says he wishes to pursue the matter following the Council’s complaint reply of February 2019.

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Final decision

10. The Ombudsman will not investigate Mr X’s complaint the Council in 2004 granted planning permission for housing without proper consideration of access rights to the development land. We cannot achieve what Mr X wants and he complains late about earlier actions.

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Investigator's decision on behalf of the Ombudsman