Summary: We will not investigate Mrs X’s complaint about how the Council dealt with a planning application and breach of planning control. This is because the complaint is late.

The complaint

1. Mrs X complains about the level of a terrace and side passage at her neighbour’s property following a planning application approved by the Council. Mrs X said the height of the terrace has resulted in overlooking to her property.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I have spoken to Mrs X and considered the information she has provided in support of her complaint. I have also considered information about the planning history of the development at Mrs X’s neighbour’s property.
5. Mrs X and the Council had the opportunity to comment on my draft decision. No comments were received.

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What I found

6. A complaint is late if it has taken someone more than 12 months to complain to us. In September 2018, Mrs X complained to the Council about a planning application made by her neighbour in 2016.
7. Mrs X said the neighbour had constructed additional decking to the left side of the property in addition to the decking that had been permitted. Mrs X said the decking had been constructed approximately 600mm above ground level and because of this the neighbour had a clear view into the left elevation of her property and over her 6-foot fence. Mrs X said the overlooking had impacted her privacy.
8. The Council responded to Mrs X’s complaint and issued a final response in June 2020. The Council upheld the complaint and offered Mrs X £300 to mitigate the overlooking by planting or increasing the height of her fence. The Council signposted Mrs X to the Ombudsman if she remained unsatisfied.
9. Mrs X did not complain to the Ombudsman until July 2023. I have considered Mrs X’s personal circumstances, but I see no good reason to exercise discretion to investigate the complaint now, as Mrs X could have complained to us about the Council’s actions sooner.

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Final decision

10. I have discontinued my investigation because the complaint is late.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman