Summary: We will not investigate this complaint about the Council’s failure to take planning enforcement action. The complaint is late and there are no good reasons for us to exercise discretion to consider it now.

The complaint

1. Miss X complained the Council failed to take enforcement action against the developer who built her home. Miss X said the developer installed a faulty ventilation system, which did not meet the requirements set out in the planning consent.
2. Miss X complained the Council handled her complaint poorly.
3. Miss X said this caused distress, uncertainty and a financial impact.

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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)

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How I considered this complaint

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

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My assessment

8. Miss X bought a new property in 2019. In February 2021, Miss X contacted the Council about a breach of planning consent. Miss X said the developer installed a ventilation system which did not meet the requirements set out in the planning consent for her property.
9. The evidence shows Miss X remained in contact with the Council about this matter from February 2021 until August 2022. There was then no further contact until early 2025.
10. Miss X complained to the Ombudsman in November 2025.
11. As outlined in paragraph five, we cannot consider late complaints unless there are good reasons for us to exercise discretion.
12. There is no evidence to suggest there are any good reasons Miss X could not have complained to the Ombudsman sooner. Therefore, we will not investigate this complaint.
13. As we will not investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint because it is not proportionate to do so.

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Final decision

14. We will not investigate Miss X’s complaint because it is late and there are no good reasons for us to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman