Summary: Ms X complains about planning permission granted for a development near her. We will not investigate this complaint because the planning permission was granted by a body out of jurisdiction and the matter is out of time.

The complaint

1. Ms X complains about planning permission granted for a development near her.

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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. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Planning Inspectorate. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

4. I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.

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What I found

5. Planning permission was granted by a Planning Inspector in 2017 for a dwelling near Ms X’s house. The Council noted that the building was not in accordance with the approved plans and a retrospective planning application was sought. The Council refused that planning application but the Planning Inspector upheld the appeal.
6. The Planning Inspector is out of jurisdiction so the Ombudsman cannot investigate why planning permission was granted. Further, the decision was made in 2019 by the Council and so is out of time.

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Final decision

7. I do not intend to investigate this complaint because the decisions complained about were made by a body out of jurisdiction and are out of time.

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Investigator's decision on behalf of the Ombudsman