Summary: Ms X complains about planning permission granted to a neighbour’s property and damage her property has suffered by the neighbour’s actions. We will not investigate this complaint because the matter is out of time, the decision to grant planning permission was made by a body out of jurisdiction (The Planning Inspector) and there is a private remedy.

The complaint

1. Ms X complains about planning permission granted to a neighbour’s property and damage her property has suffered by the neighbour’s actions.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Planning Inspectorate. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

4. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

5. Ms X says that her neighbour applied for planning permission for development at their property two years ago. The Council refused the planning application but it was granted on appeal to the Planning Inspector.
6. The Ombudsman cannot investigate the decision to grant planning permission because it was made by a body out of jurisdiction and it was more than 12 months ago.
7. Any damage caused by the neighbour has a private remedy available through the courts.

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Final decision

8. I do not intend to investigate this complaint because the matter is out of time, made by a body out of jurisdiction and there is a private legal remedy available.
    

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Investigator's decision on behalf of the Ombudsman