Summary: We will not exercise discretion to investigate this complaint about the Council’ failure to take enforcement action over planning conditions and a planning agreement to provide a free shuttle bus service. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s failure to enforce a planning condition of a major scheme approved in 2000 which included the provision of a free shuttlebus service between his village and the town centre where the development was. He says the developers should be held to the requirements of a s.106 agreement approved in 2001and provide a service.

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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)
3.  

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How I considered this complaint

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

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My assessment

6. Mr X says he has been complaining to the Council since at least 2020 about its failure to ensure that developers provide free shuttlebus service which was a condition of an agreement for a major planning development in 2001. He complained to the Council and he says it has delayed and deferred taking any enforcement action against the developer.
7. The Council says that it has been aware of the problem and has tried to seek and agreement with the developer, which is ongoing. It says there is a public bus service between the town centre and the village but acknowledges that this is not free.

The Local Government Act 1974 places some restrictions on what we can investigate. One of these restrictions relates to complaints about matters which the complainant was aware of more than 12 months before they brought it to our attention. This restriction applies to Mr X’s complaint.

8. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council’ failure to take enforcement action over planning conditions and a planning agreement to provide a free shuttle bus service. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman