Summary: We will not investigate this complaint about the actions of an officer at a planning committee meeting. The meeting took place in 2023 and it is too late to complain about this now. Mr X also complains the Council failed to take enforcement action on reports of breaches of planning control. We have not seen enough evidence of fault to justify an investigation on this matter.

The complaint

1. Mr X complains the Council has repeatedly refused to engage with conditions laid down for the commencement of a planning application.
2. He also complains the planning officer misled the planning committee
3. Mr X wants the Council to remove the planning officer’s caseload and investigate their work.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. 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

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

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My assessment

9. The planning committee considered the application in 2023. Mr X spoke at the meeting.
10. The law says a complaint must be made to the Ombudsman within 12 months of the person becoming aware of the matter. Mr X did not complain to us until 2025. As he spoke at the planning meeting in 2023, I see no reason why he could not have raised his concern about the action of the planning officer much sooner. This part of the complaint is late and there is no reason to exercise discretion and investigate this matter now.
11. Mr X also complains the Council has refused to take enforcement action against breaches of planning conditions by the developer.
12. In response to my enquiries the Council confirms it has investigated three reports of breaches of planning control at the site. These concerned:
• Tree and hedge work: No breach found as works were according to the Tree Protection Plan for the site.
• Contractors failing to follow the Construction Environmental Management Plan (CEMP) in relation to ecology and protection of wildlife: Council is satisfied and the Ecological Clerk of Works is present on site when required. Fencing erected to preserve protected area.
• Report of restricted views, privacy compromised and machinery noise and dust: Only the issue of dust would be a breach of the CEMP. However the complainant did not provide evidence of a breach in this regard.
13. I understand Mr X disagrees with the Council’s decisions. However, the Ombudsman does not provide a right of appeal against the Council’s decision not to take enforcement action. Our role is to review the process by which the Council reached its decision.
14. In this case the Council has investigated the reports of breaches of planning control and decided it could not uphold the reports. Having visited the site and made enquiries, these are decisions the Council is entitled to make.
15. I am aware Mr X believes the developer broke the law by failing to follow the requirements of the Wildlife and Countryside Act 1981. The Ombudsman cannot consider criminal allegations and I understand Mr X has already reported his concerns to the police.

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Final decision

16. We will not investigate Mr X’s complaint because:
• It is too late to complain about the planning committee meeting.
• There is not enough evidence of fault in the way the Council considered the reports of breaches of planning control.
• Also, Mr X wants us to require the Council to remove the planning officer’s workload and investigate his cases. The Ombudsman cannot interfere in personnel matters. This is not an outcome we can achieve.

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Investigator's decision on behalf of the Ombudsman