Summary: We will not investigate Mr X’s complaint about the Council’s decision not to take enforcement action against a breach of planning control. The complaint is late and we have seen no reason why he could not have complained to us sooner.

The complaint

1. Mr X complains the Council failed to take enforcement action against breaches of planning control at a site near his home. He also complains the Council failed to tell him that it had decided not to take enforcement action.

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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. In 2024 the Council told Mr X it had served a Breach of Condition Notice (BCN) on the developer. Mr X says he understood the developer was told to comply with the Notice within 28 days which was towards the end of November 2024.
7. Mr X did not complain to the Ombudsman until January 2026, despite it being clear the BCN was not complied with in 2024. His complaint is therefore late. It is clear Mr X has been in correspondence with the Council for some time about his concerns and he is aware of his right to complaint to the Ombudsman. Therefore, I have seen no reason why he could not have complained to us sooner.
8. The Council did not tell Mr X that it had withdrawn the BCN until 2025. However, there is no requirement for the Council to do so when it has an open enforcement investigation.
9. I understand Mr X has found the process of complaining to the Council time consuming and he says its failure to take enforcement action has caused him to lose confidence in the planning process. However, I do not consider this is enough personal injustice to warrant an investigation, even if the complaint were not late.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman