Summary: We will not investigate this late complaint about a non-material amendment to planning permission. Mr X could have complained to us sooner.

The complaint

1. Mr X complained about the Council’s inappropriate use of a non-material amendment to approve part of a development which affects his amenity. The original planning permission included a condition that the area should not be used as an amenity space for this reason, but the Council has now allowed it to be used in this way, which is causing noise nuisance for Mr X.

Back to top

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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Council approved a non-material amendment to a development in mid-2021 which regularised part of the property which was not in line with the original planning permission. Mr X wrote to the Council in August 2021 indicating his intention to take legal action against its decision. The Council replied later that month, setting out its view that it had acted properly in issuing a non-material amendment.
6. Mr X continued corresponding with the Council about related matters, then brought this complaint to the Ombudsman in November 2022. There was a clear point, in August 2021, at which Mr X could have escalated a complaint about this matter. There is not a good reason for us to now consider this late complaint.
7. In November 2021 the Council indicated it would investigate concerns Mr X raised about the development still not being in line with the permission it had granted. If Mr X wishes for us to consider any alleged fault in that more recent enforcement process, it is open to him to complain to the Council first, then the Ombudsman. He should complain to us within 12 months of becoming aware of the issues.
8. It is open to Mr X to ask the Council’s Environmental Health department to consider whether the noise from the area causes a statutory nuisance.

Back to top

Final decision

9. We will not investigate Mr X’s late complaint because he could have complained to us sooner.

Back to top

Investigator's decision on behalf of the Ombudsman