Summary: We will not investigate this complaint about planning permissions and possible breach of planning control regarding a new development next to Mr X’s property. This is because part of the complaint is late. It is unlikely we would find fault with the remaining issues complained about.

The complaint

1. Mr X says the Council should not have approved planning for the development adjoining his property. He says the Council has not appropriately enforced the build and he objects to variations to the planning application. Mr X says his property has lost privacy and been devalued.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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. Mr X has complained about how the Council dealt with planning applications for a site next to his home. However, I consider Mr X’s complaint about this matter late.
9. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Planning permission was originally granted several years ago. It has also been more than a year since a second application for the site was approved. Mr X has known about the applications for a few years. I see no good reason to exercise discretion to investigate this matter now, as Mr X could have complained to the Ombudsman sooner.
10. After building started, Mr X complained to the Council that development was not in line with approved plans.
11. The Council looked into Mr X’s concerns. It explained why further action was not needed in relation to the height of the development and the distance between the new dwelling and Mr X’s home. The Council was entitled to use its professional judgment.
12. The developer also submitted an application to amend the approved plans. If Mr X is unhappy with how the Council dealt with the recent application, he can make a new complaint to the Council and return to the Ombudsman if he remains unhappy once he has received its response.

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Final decision

13. We will not investigate Mr X’s complaint because part of the complaint is late. It is unlikely we will find fault with the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman