Summary: We will not exercise discretion to investigate this complaint about the implementation of planning requirements for a developer to provide a link path on a private estate. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s failure to implement planning conditions in 2016 when it approved a development which required a link path. The developer and the parish council are still required to provide a path and he says this will cause problems with privacy and boundaries. He says he has had to take court action by way of judicial review to prevent the path being constructed on his land and he wants the Council to re-imburse him for this.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Council should enforce the conditions of a planning application for a development which included a link path in 2016, he has owned his home since 2017 and says the path was not mentioned until after he completed the purchase. He says the proposed path originally encroached on his boundary and now it will run close by if created.
6. We will not investigate this compalint which was received outside the normal 12-month period for accepting complaints and is late. Mr X was aware of the matter more than 12 months before he complained to us and I have seen no evidence to suggest that he could not have complained to us sooner.
7. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.

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Final decision

8. We will not exercise discretion to investigate this complaint about the implementation of planning requirements for a developer to provide a link path on a private estate. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman