Summary: We will not investigate this complaint about how the Council dealt with planning applications for a site close to the complainants home. This is because the complaint is late, and we cannot achieve the outcome that the complainant wants.

The complaint

1. The complainant, who I shall refer to as Mr C, complains about planning permission granted for a large development close to his home. He says he was not notified about the proposals and the planning consent should be withdrawn.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. 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)
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 have considered Mr C’s complaint and the Council’s response. I have invited Mr C to comment on a draft version of this decision.

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What I found

5. Mr C said he became aware that planning permission had been granted for a large development close to his home, after seeing signs located on the entrance to the site. Mr C wants the Council to stop the work on the site and return the site to fields.
6. Mr C complained to the Council that it had not written to him to notify him of the planning applications. The Council said that it had only written to those living next to the land but it had also placed notices in the local newspaper and put up site notices around the area close to the development.

Assessment

7. I will not investigate Mr C’s complaint that the Council failed to notify him of a development close to his home. This is because planning permission was granted in 2018, and I do not see any reason why Mr C could not have brought his complaint to us sooner.
8. Whilst I acknowledge that Mr C says he was unaware of the site, there is no evidence to suggest the Council failed to carry out the proper planning publicity.
9. I also cannot achieve the outcome Mr C wants. The application has been decided and works have started on the site, and any investigation could not lead to the withdrawal of the permission granted.

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Final decision

10. We will not investigate this complaint. This is because it is late, and we cannot achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman