Summary: We will not investigate this complaint about the Council’s planning policy. This is because parts of the complaint are late. It is also unlikely an investigation by the Ombudsman would achieve a worthwhile outcome.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about a planning policy that applies to his property which he says has prevented him from getting planning permission.

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)
4. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X has complained that his property is included within the green space boundary in the Council’s development plan. Mr X says he was not consulted before his property was included and this has prevented him from getting planning permission.
8. The planning policy Mr X has complained about was introduced many years ago. Therefore, I consider his concerns about the process followed by the Council when it introduced the policy late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mr X has known for some time that his property was within the green space boundary. I see no good reason to exercise discretion to investigate as Mr X could have complained to the Ombudsman sooner.
9. Mr X has also complained the Council told him the boundary could be reviewed but it took no further action. The Council has apologised for not updating Mr X regarding his request to review the green space boundary. However, it says it considers the green space designation appropriate.
10. I understand Mr X disagrees, but I consider it unlikely an investigation by the Ombudsman could achieve a worthwhile outcome for Mr X in this regard as we cannot change the Council’s development plan.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because parts of the complaint are late. It is also unlikely an investigation by the Ombudsman would achieve a worthwhile outcome for Mr X.

Back to top

Investigator's decision on behalf of the Ombudsman