Summary: We will not investigate this complaint about how the Council dealt with the complainant’s concerns about Heavy Goods Vehicles using the road where he lives or the Council’s decision to grant planning permission. This is because the complaint is late.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council has dealt with his concerns about Heavy Goods Vehicles (HGV) using the road where he lives. He has also complained about the Council’s decision to grant planning permission for a development in the area. Mr X says the number of HGV using the road has increased significantly since permission was granted.

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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:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(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 Mr X’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

5. When a local authority receives a planning application it must look at the development plan and material planning considerations to decide if the proposal is acceptable. Material considerations relate to the use and development of the land in the public interest and includes matters such as the impact on neighbouring properties and the relevant planning policies. It is for the decision maker to decide the weight to be given to any material considerations in determining a planning application.
6. Councils are required to give publicity to planning applications. The publicity required depends on the nature of the development. However, in all cases the application must be published on the Council’s website.
7. In addition, the Council must;

• erect a site notice and put a publication in a local newspaper if the proposal departs from the development plan or affects a public right of way;
• erect a site notice or notify neighbours and place a publication in a local newspaper if the application is for a major development;
• erect a site notice or notify neighbours if the development is minor.

Assessment

8. I will not investigate this complaint about how the Council dealt with Mr X’s concerns regarding the use of the road where he lives or how it dealt with a planning application. This is because the complaint is late.
9. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mr X first contacted the Council to complain about HGV using the road in 2012. He has also been aware of the decision to grant planning permission since 2014. I therefore consider complaints about these matters late. I understand Mr X says the matter has been ongoing and he has been in correspondence with the Council for some time. But I see no good reason to exercise discretion to investigate as Mr X could have complained to the Ombudsman sooner.
10. Furthermore, even if I could say Mr X’s complaint was in time, my decision not to investigate would be the same as it is unlikely I would find fault by the Council. Mr X says the Council should have consulted him about the planning application and it failed to properly consider the impact the development would have on roads in the area. But the Council did publicise the planning application as required and consulted the Local Highway Authority before deciding the development was acceptable. The Council was entitled to use its professional judgement in this regard and the Ombudsman cannot question this unless it was flawed.
11. I understand Mr X says his concerns about the use of the road remain unresolved. But the Council is in the process of carrying out surveys on the road network and working with the Parish Council. It is unlikely an investigation by the Ombudsman could add to this response or achieve anything more in this regard.

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Final decision

12. We will not investigate this complaint. This is because the complaint is late.

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Investigator's decision on behalf of the Ombudsman