Summary: We will not investigate this complaint about planning permission for a neighbour’s extension as part of the complaint is out of time and part of the complaint shows no evidence of fault by the Council.

The complaint

1. Ms X says that the Council erred when considering a planning application by her neighbour and the neighbour has not built in accordance with the planning permission.

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)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Ms X says that the Council’s decision to grant planning permission for her neighbour’s extension in 2021 was flawed. The law provides that a complaint should reasonably be made within 12 months of the complainant becoming aware of the matter. I see no reason why a complaint could not have been made to this office within 12 months of the planning permission in August 2021 and so the complaint is out of time.
7. Ms X says that the extension has not been built in accordance with the planning permission. The Council asked the neighbour to submit a retrospective planning application to see if planning permission would be granted for the extension as built. That planning application has not yet been determined and so any injustice is speculative.
8. The planning enforcement process we expect is as follows. We expect councils to consider allegations and decide what, if any, investigation is necessary. If the council decides there is a breach of control, it must consider what harm is caused to the public before deciding how to react. Providing the council is aware of its powers and follows this process, it is free to make its own judgement on how or whether to act.
9. The Council could not be expected to take enforcement action until the new planning application has been determined. I am satisfied therefore that there has been no fault by the Council in the way the enforcement complaint has been considered.

Back to top

Investigator's decision on behalf of the Ombudsman