Summary: We will not investigate this complaint about the Council’s failure to act against a breach of planning control near Mr X’s home. The complaint is late and we have seen no reason why he could not have contacted us much sooner.

The complaint

1. Mr X complains the Council failed to take enforcement action against a breach of planning control.

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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)

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How I considered this complaint

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

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My assessment

6. The Planning Inspector allowed an appeal for development at a property close to Mr X’s home. Conditions on the appeal permission required certain work to be completed by March 2024.
7. The law says a complaint must be made to the Ombudsman within 12 months of the complainant becoming aware of the matter.
8. In April 2024 Mr X told the Council the owner had not complied with the planning conditions. He corresponded with the Council, making a formal complaint about a lack of enforcement action in June 2024. Therefore, his complaint to us is late.
9. I have considered whether to exercise discretion and investigate this late complaint. However, the information I have seen shows Mr X received a final response to his complaint in September 2024. He did not complain to us until January 2026.

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Final decision

10. We will not investigate Mr X’s complaint because it is too late and we have seen no reason why he could not have contacted us much sooner.

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Investigator's decision on behalf of the Ombudsman