Summary: We will not investigate this complaint that the Council did not follow its own planning rules. This is because the complaint is a late complaint due to the passage of time and so falls outside our jurisdiction.

The complaint

1. Mr X complains the Council did not follow its own planning rules in relation to the installation of a commercial ventilation system in a business close to his home a number of years ago.

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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 the complainant, including the Council’s response to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council that it had failed to take enforcement action his against a commercial ventilation system installed in a business close to his home a number of years ago.
7. The restriction highlighted at paragraph 3 applies to Mr X’s complaint. He knew of the installation of the flue about 10 years ago and as we would reasonably have expected to have made a complaint to us sooner, the complaint falls outside our jurisdiction due to the passage of time and will not be investigated.

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Final decision

8. We will not investigate Mr X’s complaint because the complaint is a late complaint due to the passage of time and so falls outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman