Summary: We will not investigate this complaint about changes to a planning permission. This part of the complaint is late and we have seen no reason why Mr X could not have complained to us much sooner. Also, we will not investigate his concerns about freedom of information as he has already raised this matter with the Information Commissioner’s Officer. We consider this is the appropriate body to consider this part of the complaint.

The complaint

1. Mr X complains the Council:
• approved changes to a development to allow an undersized septic tank
• has allowed windows overlook his property; and
• failed to ensure information is available on its website.

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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)
4. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So, where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

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

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My assessment

7. Mr X confirms he first became aware of the issues about the planning application and permission in 2014. He complained to the Ombudsman about ten years later.
8. His complaint is late, and I have seen no reason why Mr X could not have complained to is much sooner. There is no good reason to disapply the restriction detailed in paragraph three above.
9. Mr X also confirms he has raised his concerns about access to information with the Information Commissioner’s Office (ICO).
10. We will not investigate this part of the complaint as the matter has already been raised with the ICO. The ICO considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So, where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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Final decision

11. We will not investigate Mr X’s complaint because all concerns about the planning application and planning permission are late. And he has already complained to the ICO which is the body specifically set up by parliament to consider complaints about access to information.

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Investigator's decision on behalf of the Ombudsman