Summary: We will not investigate this complaint alleging a lack of enforcement against breaches of planning control from two years ago. The complaint is late, and there is no good reason why the complainant could not have contacted us much sooner.

The complaint

1. Mrs X complains the Council has failed to take enforcement action against alleged breaches of planning control at a neighbouring property in 2024.

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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 Mrs X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complains about a lack of planning enforcements against alleged breaches of planning control going back to 2024. Mrs X has provided an acknowledgement from the Council’s enforcement team dated 2024. She also says the Council failed to respond to her ‘stage 1’ and ‘stage 2’ complaints also made in 2024.
7. We will not investigate. The law says a complaint must be made to us within twelve months of the complainant becoming aware of the matter.
8. It is clear Mrs X has been aware of the matters for more than twelve months and we have seen no reason why she could not have approached us sooner.

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Final decision

9. I will not investigate Mrs X’s complaint because it is late. And I have seen no good reasons why the time bar on our remit should not apply.

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Investigator's decision on behalf of the Ombudsman