Summary: We will not investigate this complaint about a lack of enforcement against breaches of planning control which go back several years. The complaint is late, and we have seen no reason why the complainant could not have contacted us much sooner.

The complaint

1. Mr X complains the Council has failed to take enforcement action against breaches of planning control which he states have occurred over the last seven years.

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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 considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains about a lack of planning enforcements against breaches of planning control he says have occurred over the last seven years. Mr X has provided a final response from the Council dated 2019.
7. The law says a complaint must be made to use within twelve months of the complainant becoming aware of the matter.
8. It is clear Mr X has been aware of the matters for more than twelve months and we have seen no reason why he could not have approached us much sooner.

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Final decision

9. We will not investigate Mr X’s complaint because it is late. We have seen no good reasons why the late complaint rule should not apply.

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Investigator's decision on behalf of the Ombudsman