Summary: We will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning application in 2021. This is because the complaint is late and I have seen no good reasons to exercise our discretion to investigate it.

The complaint

1. The complainant, Mr X, complains the Council failed to properly consider the impact of his neighbour’s planning application when it granted planning permission for development in 2021. He also complains the Council failed to reconsult neighbours on revised plans.

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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)

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How I considered this complaint

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

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My assessment

6. The Council granted planning permission for Mr X’s neighbour’s development more than two years before Mr X complained to us about it. His complaint is therefore late.
7. The Ombudsman has discretion to investigate late complaints but I have seen no good reasons to exercise our discretion in this case.
8. Mr X knew about the Council’s decision and raised a complaint about it, along with the failure to reconsult, at the time. He had a final response from the Council in November 2021 which referred him to us, but he did not pursue the matter until September 2023.

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Final decision

9. We will not investigate this complaint. This is because the complaint is late and it would have been reasonable for Mr X to complain to us about the matter sooner.

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Investigator's decision on behalf of the Ombudsman