Medway Council (23 005 999)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 16 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about planning enforcement because the matter is out of time.
The complaint
- Ms X complains that the Council has failed to take action against a neighbour who does not have planning permission.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X complained about a neighbour who accessed her driveway to the Council in 2019. The Council responded by visiting the neighbour and established that there was no evidence of a planning breach.
- I see no reason why a complaint about this decision could not have reasonably have been made to this office within 12 months and so the complaint is out of jurisdiction.
- Further, Ms X has a private legal remedy against any trespass on her land.
Investigator's decision on behalf of the Ombudsman