Summary: We will not investigate Ms X’s complaint about the Councils refusal to act in what it considers a civil matter and not a planning matter. The complaint is late.

The complaint

1. Ms X complains the Council has refused to consider the impact of an approved planning development on her. She says objects are being blown into her garden from the development site, causing her anxiety because she believes they could pose a safety risk. Ms X also says the Council has breached her rights under Article 8 of the Human Rights Act by failing to properly consider her concerns.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. In 2024 Ms X raised objections to a planning application which was put into the Council. The Council approved the planning application, and the development was built.
6. Ms X complained to the Council in 2024 that it had refused to consider the impact of the approved planning development on her. The Council issued its final response to Ms X in February 2025, but Ms X did not complain to us until February 2026.
7. We will not investigate this complaint because it has been made late. Complaints should normally be brought to us within 12 months of a person becoming aware of the issue. The timescale to bring a complaint to us runs from when a person is first aware of their complaint. It is not from when they complain to the Council and receive the final response to their complaint. I have considered whether there are exceptional circumstances that would justify exercising discretion in this case, but I have seen no good reason why Ms X could not have complained to us sooner. We will not investigate the complaint further.

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Final decision

8. We will not investigate Ms X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman