Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to take enforcement action over claims about breaches of planning permission. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s failure to take enforcement action against his neighbour over breaches of planning permission for extensions at his home. He says the neighbour has altered the roof design of an extension from the approved plans, damaged the boundary wall foundations and installed an extractor fan which causes food smells to enter his home.

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

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My assessment

5. Mr X says development to build extensions on his neighbour’s property has resulted in his boundary wall foundations being affected and a roof extension exceeding the plans and overhanging his boundary. Mr X complained about his neighbour to the Council in 2021 and a planning enforcement case was opened.
6. The Council advised Mr X in August 2021 that it did not consider there was sufficient deviation from the plans to warrant action at the time but would inspect the site to consider the dimensions. It concluded in October that the development did not exceed the approved footprint and that any alterations of the extension details were not sufficient to warrant enforcement. The case was closed in 2021 and the remaining issues Mr X raised were considered to be civil matters outside the scope of planning enforcement.
7. The Council’s final response in October 2021 referred Mr X to our service. He did not complain to us until May 2023 which is outside the normal 12-month period for receiving complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Final decision

8. We will not exercise discretion to investigate this complaint about the Council’s failure to take enforcement action over claims about breaches of planning permission. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman