Summary: The Ombudsman will not investigate Mrs Q’s complaint about the Council’s handling of a planning application. The complaint is late and, in any event, we cannot achieve the outcome Mrs Q wants.

The complaint

1. The complainant, who I have called Mrs Q, complained about Swale Borough Council’s handling of a planning application. She said the approved houses were out of keeping with other properties along the road.

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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)
4. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered the information Mrs Q provided. I considered information available on the Council’s website. I discussed a draft of this decision with Mrs Q and considered her written comments on it.

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What I found

What happened

6. In 2014 the Council approved a planning application for new houses in Mrs Q’s road. She does not think the Council properly considered the application and thinks the new houses are out of keeping with other properties along the road. Mrs Q said, among other things, that parking is difficult since the new houses were built. So she would like, for example, for parking to be improved in the area.
7. Mrs Q complained to us in 2019. She told me about the difficulties she faced pursuing her complaint.

Analysis

8. Mrs Q complained to us more than five years after the Council approved the planning application. So the complaint is late. I understand the difficulties Mrs Q faced bringing her complaint to us sooner. However, I will not exercise discretion to investigate the complaint now. I say this because Mrs Q wants parking in the area improved. An investigation by us will not achieve the outcome she wants.

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Final decision

9. We will not investigate Mrs Q’s complaint for the reasons given in the Analysis.

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Investigator's decision on behalf of the Ombudsman