London Borough of Bromley (23 011 436)
The Ombudsman's final decision:
Summary: We will not investigate this late complaint about the Council’s decision not to enforce against a structure Mr X says breaches planning control. There is not a good reason for the delay in bringing the matter to the Ombudsman.
The complaint
- Mr X complained about the Council’s lack of enforcement action against a breach of planning control. He says a structure that has been built is unacceptable within the conservation area and will set a precedent for others to flaunt the planning rules. He wants the Council to make service improvements to properly enforce against such breaches.
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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X made a formal complaint to the Council in February 2022 about a structure he says was built in breach of planning control. The Council responded to his complaint in March 2022. This signposted Mr X to us and he indicated he intended to complain to us.
- The law says people must complain to us within 12 months of becoming aware of the matter. The structure was complete before Mr X’s complaint of early 2022. There is not a good reason for the delay in Mr X bringing this complaint to us and we will not now consider the matter.
Final decision
- We will not investigate Mr X’s late complaint because there is not a good reason for the delay in him bringing the matter to us.
Investigator's decision on behalf of the Ombudsman