Summary: We will not investigate this complaint about how the Council handled planning applications and concerns about water pollution in Mr X’s area. Part of the complaint is not an administrative function of this Council, we do not have the power to investigate matters decided by the Planning Inspectorate, and parts of the complaint have not caused a significant personal injustice to the complainant.

The complaint

1. Mr X says developments in his local area are having a negative impact on the watercourses and countryside near his home. He wants the Council to stop development near the banks and work with organisations to protect the site.

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. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
5. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
6. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
7. We investigate 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 continue an investigation if we decide any fault has not caused injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

10. Some of the developments Mr X complained about have been in place for a long time. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mr X did not complain to the Ombudsman until November 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so. The Ombudsman will therefore not investigate matters Mr X has been aware of for more than 12 months.
11. Mr X complained that a more recent planning application will cause further harm to the area. The Council refused the initial planning application. In 2025, following an appeal of the Council’s decision to refuse the planning application for a new development, the Planning Inspectorate decided to approve the planning application. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. We therefore do not have the power to investigate the approval of this new development.
12. Mr X also complains about other planning applications the Council has decided in his local area which he feels are having a negative impact on the environment. While I recognise Mr X is concerned about the environment, we do not investigate complaints where we decide the complainant has not suffered a significant personal injustice. The personal injustice claimed by Mr X is not significant enough to warrant an investigation.
13. Mr X also complained about planning applications that have not yet been decided. Because the applications have not yet been decided any claimed injustice arising from the Council’s consideration of the applications is premature and cannot be considered at this time.
14. Mr X also complained to the Council about pollution in watercourses in his local area. He said the Council have not done anything to address the problems caused by sewage. The Environment Agency is responsible for monitoring, regulating and investigating pollution incidents in rivers. We cannot consider the monitoring, investigation, or regulation of pollution as part of this complaint because this is not a role of the Council.
15. I understand Mr X is unhappy with how the Council handled his complaint. We will not investigate the Council’s complaint handling because it is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to investigate the substantive issue.

Back to top

Investigator’s decision on behalf of the Ombudsman

16. We will not investigate Mr X’s complaint because part of the complaint is not an administrative function of this Council, we do not have the power to investigate matters decided by the Planning Inspectorate, and parts of the complaint have not caused a significant personal injustice to the complainant.

Back to top

Investigator's decision on behalf of the Ombudsman