Summary: We will not investigate this late complaint about the Council’s planning enforcement. There is not a good reason for the delay in Mr X bringing the matter to the Ombudsman.

The complaint

1. Mr X complained about the Council’s planning permission which he said allowed his neighbour to encroach on his land and build structures that have caused damage to his property. He said the Council failed to enforce against elements of the development that were not in line with the planning permission it had granted.
2. Mr X said the matter had caused a significant reduction in the value of his property and necessitated court action against his neighbour. He says this will cost him up to £100,000. Mr X said he has also been caused significant distress. Mr X wanted the Council to reopen its planning enforcement case and pay his legal costs.

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The Ombudsman’s role and powers

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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council in March 2023 about its enforcement case relating to his neighbour’s building works. The Council issued Mr X a final complaint response in November 2023, signposting him to the Ombudsman. The Council also explained that some matters were outside its control and would need to be addressed directly with the neighbour, as civil matters.
7. Mr X says the subsequent delay in bringing the matter to us was due to him progressing civil action against his neighbour. He then complained to us in March 2025.
8. Mr X’s complaint is late. The law says people must bring complaints to us within 12 months of becoming aware of the matter. Mr X complained to us at least 24 months after becoming aware of the matter, as his initial complaint to the Council was in March 2023.
9. Had Mr X complained to us in November 2023, we could have decided whether it was necessary to await progress of the civil case before we could investigate the Council’s actions. It is unlikely we would have decided this was the case, as the matters falling under the Council’s scope were clearly separable to the civil matters. It would have been reasonable for Mr X to progress a complaint to us simultaneously, and awaiting the progression of civil action is not a good reason for a delay in coming to us.
10. Mr X says we should exercise discretion due to the extent of the stress he says the matter has caused him, as he considers this exceptional circumstances. When we consider whether to investigate a late complaint, we consider whether there are good reasons for the delay in the matter being brought to us. The seriousness of the claimed injustice is not relevant to the reasons for delay, and so is not relevant to this decision.

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Final decision

11. We will not investigate Mr X’s complaint because there is not a good reason for the delay in the matter being brought to us.

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Investigator's decision on behalf of the Ombudsman