Summary: We will not investigate this complaint about planning enforcement because the complaint is out of time and there is insufficient injustice to warrant investigation.

The complaint

1. Mr X complains that a local car park has breached its planning permission and no enforcement action has been taken by the Council.

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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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X says that planning permission for a local car park has been breached. He says he was aware of the matter in December 2021 and complained to the Council and they replied in July 2022.
7. I consider that it would have been reasonable for Mr X to have complained to this office within 12 months of becoming aware of the matter. The complaint is therefore out of time.
8. Further, Mr X lives some distance from the car park and is not personally affected by the alleged breaches of planning permission. I do not therefore consider that there is sufficient injustice to warrant investigation.

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Final decision

9. We will not investigate Mr X’s complaint because the matter is out of time and there is insufficient injustice to warrant investigation.

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Investigator's decision on behalf of the Ombudsman