Summary: We will not investigate this complaint about the Council’s failures to address Mrs X’s concerns about development at her neighbour’s property. We have seen no reason to investigate matters we have previously considered. In addition, the part of the complaint about the Council’s decision to grant planning permission for her neighbour’s replacement conservatory is made too late.

The complaint

1. Mrs X complains the Council has refused to address her concerns about the impact of redevelopment of her neighbour’s property over the last four years.
2. Specifically, she complains there is a lack of surface water drainage for a new conservatory which was given permission in 2023. Mrs X says when it rains, water flows onto her land, causing damage to her property.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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 provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

7. Mrs X complains about work at her neighbour’s property, which she says took place over the last four years. We have already considered multiple complaints from Mrs X about development at the neighbouring property in recent years. We have seen no reasons to reconsider these matters again.
8. Mrs X also complains the Council failed to consider her objections to her neighbour’s application to replace an existing conservatory. She says the replacement conservatory covers the garden with hard standing which cannot absorb surface water, causing water to flow across her property, causing damage.
9. The planning application was for the replacement of an existing uPVC conservatory with an aluminium conservatory. No additional hard surface was created, and the new building was built on the footprint of the previous conservatory. The photographs provided by Mrs X confirm this. The Council granted planning permission in 2023.
10. The law says a complaint must be made to the Ombudsman within 12 months of the complainant becoming aware of the problem. Mrs X was aware the Council granted planning permission in 2023. Therefore, this part of her complaint is late, and we have seen no reason to exercise discretion on this point.

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Final decision

11. We will not investigate Mrs X’s complaint because we will not reconsider matters where we have already made a decision. In addition, the complaint about the Council’s failure to consider surface water drainage as part of the neighbour’s planning application for a replacement conservatory is made too late. We have seen no reason why Mrs X could not have complained about this much sooner.

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Investigator's decision on behalf of the Ombudsman