Summary: Ms X complains about the grant of planning permission for a balcony on a neighbouring property. The Ombudsman will not investigate this complaint because this is out of time.

The complaint

1. Ms X complains about the grant of planning permission for a balcony on a neighbouring property.

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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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I have considered the complainant’s comments on my draft decision.

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My assessment

6. The Council granted planning permission in November 2019 for the change of use and various works to a building next to Ms X. The planning permission provided for a balcony which Ms X says will cause a disturbance of loss of amenity.
7. Ms X refers to a later planning permission in 2021 for the removal of a condition for solar panels. Whilst the balcony was noted in the Planning Officer report as having a condition limiting its hours of use, the provision of the balcony was determined in November 2019. I am not persuaded that a complaint about this matter could not have been made to this office within 12 months and so the matter is out of jurisdiction.

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Final decision

8. I do not intend to investigate this complaint because the matter is out of time.

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Investigator's decision on behalf of the Ombudsman