Summary: We will not exercise discretion to investigate this complaint about planning applications which involved land ownership disputes. 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. We will not investigate Mr X’s objections to a current application which has not been determined. There is insufficient injustice to investigate where no decision has been made.

The complaint

1. Mr X complained about planning applications made by a developer of neighbouring land which he says included land in his ownership. He says the council did not accept his claim to the land and that it favoured the developer to his detriment. He has objected to a recent application which he says will also affect his property.

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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.

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

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How I considered this complaint

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

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My assessment

6. Mr X complained about the Council’s consideration of planning applications submitted in 2018 - 2021 which he says affected land which he owns by including it within the development. He says this was not properly considered by the Council as a loss of amenity but was referred to as land ownership matters. He says the Council failed to recognise his dispute with the certificate provided by the developer which questioned his title to land he says he owns.
7. We will not consider these matters which relate to a period more than 12 months before Mr X complained to us. There is no evidence to suggest that he could not have complained to us sooner.
8. In 2023 the developer submitted an amendment to an earlier application for consideration by the Council. Mr X was notified of this and he has submitted objections to this. The application had not been determined when Mr X complained to us and we will not investigate a complaint about a decision which has not yet been made. It is not possible to say that any injustice has occurred when the outcome is not known.

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Final decision

9. We will not exercise discretion to investigate this complaint about planning applications which involved land ownership disputes. 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. We will not investigate Mr X’s objections to a current application which has not been determined. There is insufficient injustice to investigate where no decision has been made.

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Investigator's decision on behalf of the Ombudsman