Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s handling of several planning applications between 2015 and 2018. This is because the complaint is late.

The complaint

1. The complainant, Mr X, complains about the Council’s handling of several planning applications concerning development near his home. He says the development may have damaged his property and reduced its value.

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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 reviewed Mr X’s complaint and the Council’s response. I shared my draft decision with Mr X and considered his comments.

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What I found

5. The Council granted planning permission for development on land near Mr X’s home between 2015 and 2018. Mr X contacted the Ombudsman to complain about its handling of these applications, and its decisions, in January 2020. He says building work on the site may have damaged the foundations of his property and others in the area and says the development is overbearing and out of character for the area. He also says there were inaccuracies in the plans for the original application and that the Council did not properly consider the impact of certain aspects of the development. He says the value of his property has reduced and he has not been able to sell it. He would like the Council to change parts of the development, reduce his council tax payments and pay him compensation.
6. The Ombudsman will not investigate this complaint. Mr X’s concerns relate to the Council’s consideration of planning applications between 2015 and 2018 but he did not bring the matter to us until January 2020. The complaint is therefore between 12 months and some four years late.
7. Mr X has provided no good reasons to exercise the Ombudsman’s discretion to investigate his late complaint and I will not therefore consider the matter further.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because the complaint is late and I have seen no good reasons to exercise our discretion to investigate it.

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Investigator's decision on behalf of the Ombudsman