Summary: We will not investigate this complaint about the way the Council considered Mr X’s neighbour’s planning applications. The complaint about the Council’s decision to grant planning permission in January 2024 is made too late. We have not seen enough evidence of fault in the way the Council considered the second planning application to justify an investigation, and we cannot achieve the outcome Mr X is seeking.

The complaint

1. Mr X complains about the Council’s decision to grant planning permission for his neighbour to erect an outbuilding on their property and to run a business from their residential property.
2. He also says the neighbour has had help from Council employees and a Councillor whom Mr X says are friends of the neighbour.

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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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. In February 2024, the Council granted planning permission for Mr X’s neighbour to extend their home. Mr X was aware of the proposal and objected at the time. The law says a complaint must be made to the Ombudsman within 12 months of the complainant becoming aware of the problem. Mr X was aware of this decision at the time. Any complaint about the way the Council considered this application is therefore late. We have seen no reason why Mr X could not have complained to us about this matter sooner.
9. The neighbour also applied for a Certificate of Lawful Use or Development for continued use of part of their property as a business. The Council refused this application as it would change the use of the property from a single-family home to mixed business use and a family dwelling.
10. The neighbours then applied for planning permission to erect an outbuilding for business use and the extension of the driveway to provide additional parking.
11. Mr X and others objected to the application. The Planning Officer produced a report on the proposal. This included:
• a history of the site
• a summary of the objections received; and
• relevant national and local planning policies.
12. The Planning Officer also noted the business had evolved and was operating differently to how it had operated when the application for a Certificate of Lawful Use or Development was refused. They recommended the application for approval.
13. The Council’s Planning Committee considered the application. Mr X spoke in objection.
14. Having discussed the application, the Committee decided to approve the application.
15. Mr X complains the Council’s Planning Officers are friends of the neighbour. However, the Council confirmed the Planning Officer who dealt with the case at the time it was presented to the Planning Committee does not know the applicant. Mr X has not provided conclusive evidence to the contrary.
16. Mr X also says a Member of the Planning Committee knows the neighbour. Complaints about the conduct of a councillor are subject to a separate complaint procedure, dealt with by the Council’s Monitoring Officer. We cannot consider this matter.
17. Having reviewed the way the Council decided to approve the planning application for the outbuilding to be used for business purposes and to extend the driveway, I have not seen evidence of fault.

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Final decision

18. We will not investigate Mr X’s complaint because:
• The complaint about the way the Council considered the planning application in January 2024 is made too late.
• We have not seen enough evidence of fault in the way the Council considered the planning application for the outbuilding to be used for business purposes.
• Mr X wants the planning permission withdrawn and enforcement action taken against the neighbours. This is not an outcome we can achieve.

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Investigator's decision on behalf of the Ombudsman