Summary: We will not investigate this complaint about the Council’s decision to grant planning permission. This is because the complaint is late and we have seen no reason why Mr X could not have complained to us sooner.

The complaint

1. Mr X complains the Council granted planning permission for a nursery school close to his home despite significant opposition.

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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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Final decision

6. We will not investigate Mr X’s complaint. The Council granted planning permission in 2023. Mr X did not complain to use until 2025. The circumstances described in paragraph three above apply in this case. We have seen no reason to disapply this restriction.

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Investigator's decision on behalf of the Ombudsman