Summary: We will not investigate this complaint about planning enforcement. This is because the complaint is late and there are no good reasons for us to investigate it now.

The complaint

1. Mr X complains the Council did not take planning enforcement action against a neighbouring property. He says the development does not follow the area's design code and harms the street scene. Mr X says this is unfair because he incurred additional time and expense to ensure his own extension complied with planning requirements. He says the neighbouring development is out of keeping with surrounding properties. Mr X wants the Council to reconsider the matter and take action.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. We will not investigate Mr X's complaint because it is late. Mr X became aware of the issue when construction began, and he raised the issue with the Council in August 2024. The Council sent its final response to Mr X in December 2024. We normally expect someone to complain to us within 12 months of becoming aware of a matter. Therefore, this complaint is late.
7. Even if Mr X had good reasons for not complaining sooner, it is unlikely we would investigate it. Planning enforcement action is discretionary. Councils may decide the nature of a breach is not enough to warrant enforcement action. The Council considered Mr X’s concerns and explained why it did not consider enforcement action was warranted. Therefore, it is unlikely we would find enough evidence of fault to justly investigating.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because the complaint is late and there are no good reasons for us to investigate it now.

Back to top

Investigator's decision on behalf of the Ombudsman