Summary: We will not investigate this complaint about the Council’s failure to acknowledge Mr X’s representations and a failure to communicate. The complaint is late and we have seen no reason why the complainant could not have contacted the Ombudsman much sooner.

The complaint

1. Mr X complains the Council:
• Failed to acknowledge his representations on its Local Plan Review or communicate with him about his concerns about the settlement boundary for the village where he lives.
• Failed to engage with him after promising to do so; and
• Forced him to engage professional advocacy and incur financial costs.

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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.

My assessment

6. Mr X complains the Council failed to respond to his comments made during its Local Plan Review.
7. In 2020, the Council published an updated Settlement Limit Review . Mr X made several comments at this time, seeking to include his property in the settlement limit of the village.
8. He then sent two emails to Council in 2021, concerned he had not received a response to his earlier comments. The Council says these emails were sent to the general local plan review mailbox at a time it was receiving responses to the second part of the consultation. It apologised for failing to identify these emails needed a response.
9. Mr X then emailed a Council Officer direct. The Officer confirmed Mr X’s comments received in 2020 would be reviewed prior the Council finalised the Proposed Submission Local Plan which would be available for further comment. It also confirmed a consultation statement would be published which will set out how representations have been taken into account or explain why they have not been considered. The Council says it received about 7,000 responses to its consultations. Its Consultation Statement does not provide a response to each individual comment.
10. The Council confirms it received a representation from the planning consultant engaged by Mr X in 2023 and this is referenced in if Representation Analysis Documents provided to the Planning Inspector.
11. Also in 2023, Mr X then contacted his ward councillor with concerns that his comments and those made by his agent had not been considered. The Council confirmed the comments were submitted to the Planning Inspector.
12. In 2024, Mr X made written representations to the Planning Inspector. He declined not to attend the Planning Inspector’s hearing in person.
13. Mr X says the Council did not acknowledge his comments and failed to communicate with him. However, Mr X first raised the issue of a lack of communication since 2021.
14. The law says a complaint must be made to the Ombudsman within twelve months of the complainant becoming aware of the matter. Mr X’s complaint is therefore late.
15. I have considered whether to exercise discretion on this point. However, I have seen no reason why Mr X could not have complained to us much sooner.

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Final decision

16. We will not investigate Mr X’s complaint because it is late and we have seen no reason why a complaint could not have been made sooner.

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Investigator's decision on behalf of the Ombudsman