Summary: We will not investigate this complaint about planning enforcement because the matter is out of time.

The complaint

1. Ms X complains that her neighbour erected a fence on her land which requires planning permission. She says that the Council delayed responding to her complaint.

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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)

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How I considered this complaint

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

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My assessment

5. Ms X’s neighbour erected a metal fence in 2020 which was approximately eight feet high. Planning permission is required for fences in such situations above six feet.
6. Ms X complained to the Council in 2020 but got no response. She complained again in 2023 and sent photographs. The Council responded in December 2023 and said there was a breach of planning permission and were negotiating with the owner to submit a regularising planning application. The Council apologised for the delay in responding previously and agreed to review their actions in future.
7. Ms X was aware of the matter in 2020. The Ombudsman would expect her to complain to this office within 12 months of a lack of a response and so the complaint is out of time.
8. Any dispute about whether or not the fence is on Ms X’s land is a civil matter and can be considered by the courts.

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Final decision

9. We will not investigate Ms X’s complaint because it is out of time.

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Investigator's decision on behalf of the Ombudsman