Summary: We will not investigate this complaint about how the Council has dealt with breaches of planning control. This is because parts of the complaint are late, and the complainant has not been caused significant injustice by recent matters.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained about how the Council dealt with breaches of planning control.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended)

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 have considered Mrs X’s complaint and the Council’s responses. I invited Mrs X to comment on a draft of this decision and have considered her comments in response.

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What I found

5. Mrs X has been in contact with the Council since 2011 about various breaches of planning control on her former neighbour’s land. In 2017, the Council served an enforcement notice in relation to the unauthorised use of the land. Mrs X’s neighbour appealed to the Planning Inspectorate, but the appeal was dismissed and the notice upheld. The enforcement notice was due to be complied with by March 2020. However, the Council extended the deadline to August 2020.
6. Mrs X has complained about how the Council has dealt with the planning breach. She says the Council has failed to take action over the years in relation to some of the unauthorised works and activities at the site. She also says there were long delays before it took formal enforcement action. Mrs X says she sold her property and moved from the area due to the issues.
7. Mrs X is also unhappy the Council recently extended the deadline for compliance with the enforcement notice and says the requirements have still not been met.

Assessment

8. I will not investigate this complaint about how the Council dealt with a breach of planning control. This is because parts of the complaint are late, and Mrs X has not been caused significant injustice by more recent issues.
9. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mrs X has complained about how the Council has dealt with planning breaches since 2011. I understand Mrs X says the issues have been ongoing. But I see no good reason to exercise discretion to investigate as Mrs X could have complained to the Ombudsman sooner.
10. Mrs X has also complained about the Council’s decision to give her former neighbour more time to comply with the notice. She also disputes the requirements of the notice have been met. Mrs X’s complaint about these recent issues are in time. However, Mrs X sold her property and moved from the area in 2018. Therefore, I cannot say she has been caused any significant injustice by how the Council has dealt with the recent enforcement issues.

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Final decision

11. We will not investigate this complaint. This is because parts of the complaint are late, and Mrs X has not been caused significant injustice by more recent matters.

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Investigator's decision on behalf of the Ombudsman