Summary: We will not investigate this complaint about the Council’s failure to ensure a developer adheres to the requirements of planning applications. The complaint is late and we have seen no reason why Mr X could not have contacted us much sooner.

The complaint

1. Mr X complains the Council failed to ensure a developer provided a pond and landscaping as stated in the planning permission. He says this detracts from the amenity of the area where he lives.

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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. In response to my enquiries Mr X confirmed he became aware of the lack of provision of a pond and landscaping ten years ago. He says he pursued he matter as local councillor until 2021. He then continued to follow the matter with the Council when he stopped being a councillor in 2021. Mr X did not complain to us until January 2026.
7. The law says a complaint must be made to the Ombudsman within 12 months of the person becoming aware of the matter. This is not within a year of making a complaint to the Council. Mr X’s complaint is therefore late.

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Final decision

8. We will not investigate Mr X’s complaint because his complaint is late and we have seen no reason why he could not have contacted us much sooner.

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Investigator's decision on behalf of the Ombudsman