Summary: Mr X complains about planning permission for a neighbour’s property and the service of an enforcement notice upon him. We will not investigate this complaint because he has a right of appeal against the notice and the planning permission is out of time.

The complaint

1. Mr X complains about planning permission for a neighbour’s property and the service of an enforcement notice upon him.

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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)
3. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
4. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• delay – usually over eight weeks – by an authority in deciding an application for planning permission
• a decision to refuse planning permission
• conditions placed on planning permission
• a planning enforcement notice.

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How I considered this complaint

5. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

6. Planning permission was granted by the Council in August 2019 for Mr X’s neighbour to build a single storey extension.
7. The grant of planning permission is out of time because I see no reason why a complaint could not have been made about this matter to this office within 12 months of the decision.
8. Mr X says that the neighbour damaged his property in the construction and he breached a covenant. The damage to his property and the covenant are private matters and not fault by the Council.
9. The Council served an enforcement notice upon Mr X for erecting a covered walkway. Mr X had a right of appeal to a Planning Inspector against this. The Planning Inspectorate is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.

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Final decision

10. I do not intend to investigate this complaint because part of the complaint is out of time, part could be appealed to a Planning Inspector.

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Investigator's decision on behalf of the Ombudsman