Summary: We will not investigate the Council’s responses to Mr X’s concerns alleging breaches of planning control at an industrial estate. This is because most of the complaint is caught by the time bar on our remit and there are no good reasons for the delay. Further, the most recent complaint is premature, and it is too early for us to intervene.

The complaint

1. Mr X complains the Council has failed to take enforcement action against breaches of planning control concerning a third party carrying out vehicle repairs at an industrial estate.

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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. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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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.

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My assessment

7. Mr X complains about a lack of planning enforcement against alleged breaches of planning control starting in 2023. He says this is ongoing. He says the Council has failed to take effective action.
8. Mr X confirms he had substantial contact with the planning enforcement officers from 2023 to 2024.
9. Mr X says he was in contact again with the Council from December 2025 and received a response from planning officers in March 2026 (via an enquiry he made to his MP).
10. We will not investigate. The law says a complaint must be made to use within twelve months of the complainant becoming aware of the matter
11. The core complaint concerns the Council’s handling of an enforcement case, including its decisions, delays, and approach to enforcement during 2023–2024. These matters fall outside the 12‑month time limit, as the complaint was not brought to the Ombudsman until May 2026.
12. It is clear Mr X has been aware of the matters for more than twelve months and I have seen no reason why he could not have approached us much sooner.
13. I have considered whether to exercise discretion. While Mr X says the issues are ongoing, however it seems his concerns elapsed for most of 2025. The substantive concerns relate to how the Council responded in 2023-2024 and the decisions it made during this earlier period. I see no evidence Mr X was prevented from approaching the Ombudsman sooner.
14. The complaint also includes more recent correspondence and evidence from 2025–2026, indicating the situation may still be ongoing. However, these aspects have not yet been fully considered through the Council’s complaint process and remain premature for our involvement.
15. Given the mix of late substantive matters and more recent issues which have not completed the Council’s complaints procedure, we will not investigate.

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Final decision

16. We will not investigate Mr X’s complaint because most of the complaint matters are late. And I see no good reason why the late complaint rule should not apply. The more recent matters are premature.

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Investigator's decision on behalf of the Ombudsman