Summary: We will not investigate this complaint about planning enforcement because the matter is out of time.

The complaint

1. Mr X complains about planning permission for a re-siting of a phone mast outside his property.

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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)

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How I considered this complaint

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

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My assessment

5. Mr X says that the Council should have taken planning enforcement action against a phone mast outside his property as it was placed 0.5m closer to his shop then allowed in the original planning permission.
6. The Council responded by requesting the applicant make a retrospective planning application to see if the Council would grant planning permission for the mast in situ.
7. The planning application was made in July 2021 and the Council granted planning permission in October 2021.
8. I see no reason why a complaint about the grant of retrospective planning permission could not have been made to this office within 12 months of that decision. The complaint is therefore out of time.

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Final decision

9. We will not investigate Mr X’s complaint because the complaint is out of time.

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Investigator's decision on behalf of the Ombudsman