Summary: We will not investigate Mr C’s complaint about the Council’s handling of a planning matter relating to a development which overlooks his property. This is because this complaint is late and there are not good reasons to investigate the complaint now.

The complaint

1. Mr C complains his property is overlooked by windows in a nearby property which the Council has wrongly approved. Mr C says the Council has refused to ask the building owner to take steps to reduce the overlooking into his property.

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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 C.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council granted planning permission for this development in 2021. In 2023 the Council told Mr C it had not found a breach of planning control and the case was closed. In May 2024 the Council sent to Mr C its final response to his complaint and told him he could complain to us. The Council also provided our contact details. In May 2026 Mr C complained to us.
7. Mr C has not complained to us within 12 months of becoming aware of the issue he complains about. I find there are not good reasons for Mr C’s delay making this complaint. So, the restriction set out at paragraph 3 of this statement applies to this complaint.

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Final decision

8. We will not investigate Mr C’s complaint because it is late and there are not good reasons to accept the complaint now.

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Investigator's decision on behalf of the Ombudsman