Summary: We will not investigate Mrs Q’s complaint about the Council’s handling of a planning application for a development on land at the back of her home. This is because the complaint is late.

The complaint

1. The complainant, whom I have called Mrs Q, complained about Birmingham City Council’s handling of a planning application for a development on land at the back of Mrs Q’s home. She said the Council did not consult her about the application and her home is now overlooked by the new properties.

Back to top

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)

Back to top

How I considered this complaint

4. I considered the information Mrs Q provided. I considered the information the Council provided. I invited Mrs Q to comment on a draft of this decision.

Back to top

What I found

What happened

5. In 2017 the Council received a planning application to build several houses on land at the back of Mrs Q’s home. It notified neighbours, including Mrs Q, about the application and invited their comments on it. Mrs Q commented on the application. The Council approved it in 2018.
6. Mrs Q complained to us in 2020.

Assessment

7. Mrs Q complained the Council did not consult her about the planning application. The available evidence shows the Council did consult Mrs Q about the application and she commented on it. If she had any concerns about the Council’s handling of the application she could have complained at the time. Mrs Q did not complain to us until two years after the Council approved the application. So the complaint is late and there do not appear to be good reasons for us to consider it now.

Back to top

Final decision

8. We will not investigate Mrs Q’s complaint. This is because it is late.

Back to top

Investigator's decision on behalf of the Ombudsman