Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complaint is late.

The complaint

1. Mr X has complained about how the Council dealt with a breach of planning control. He says his neighbour’s extension has not been built in line with the approved plans. Mr X says the building is closer to his home than it should be and is impacting his property.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mr X has known about the potential planning breach since at least 2022. I see no good reason to exercise discretion to investigate now as Mr X could have complained to the Ombudsman about the matter sooner.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because it is late.

Back to top

Investigator's decision on behalf of the Ombudsman