Summary: We will not investigate the part of this complaint about the Council’s actions on planning applications and Lawful Development Certificates. This part of the complaint is late, and we have seen no reason the complainant could not have contacted us much sooner. We will not investigate the complaint about the Council’s decisions not to take enforcement action against an alleged breach of planning control and not to create a conservation area. We have not seen enough evidence of fault in the Councils actions to justify an investigation of these matters.

The complaint

1. Mr X complains for his client Mr Y. Mr X says the Council:
• Failed to remove permitted development rights when it granted a neighbour planning permission to extend their property in 2022.
• Failed to act on reports of a breach of planning control leading to the neighbour to get a Lawful Development Certificate (LDC).
• Granted an LDC for a large garage in 2024; and
• Failed to act on reports the neighbour is running a business from their property.
• Failed to act on a report of a shipping container used for business purposes on the site; and
• Failed to create a conservation area.

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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), section 34(B))

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How I considered this complaint

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

My assessment

7. The law says a person must complain to the Ombudsman within 12 months the person becoming aware of the issue causing the complaint. This is not when the complaint made to the Council.
8. Therefore, complaints about matters occurring before February 2025 (12 months before Mr X contacted us) are late. I have seen no reason for not contacting us much sooner.
9. The Council confirms officers have visited the site within recent months. They are satisfied the shipping container is used for domestic storage. It confirms it does not consider it is a breach of planning control. I understand Mr X disagrees, but having visited the site and considered the matter, this is a decision the Council is entitled to make.
10. I understand Mr Y wants the Council to create a new conservation area. The Planning (Listed Buildings and Conservation Areas) Act 1990 says local planning authorities have a duty to occasionally review which part of their areas should be conservation areas.
11. The Council has advised it does not have the resources to conduct a Conservation Area review currently. I understand Mr X wants the Council to complete a review, however there is no requirement for it to do so within a specific time.

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Final decision

12. We will not investigate this complaint because:
• Complaints about matters occurring before February 2025 are late, and we have seen no reason why Mr X could not have contacted us much sooner.
• We have not seen enough evidence of fault in the way the Council:
1. considered the reports of breaches of planning control in the use of the shipping container; and
2. the refusal to complete a conservation area review.

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Investigator's decision on behalf of the Ombudsman