Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning matter. Part of the complaint is late and there is no evidence of fault by the Council affecting its decisions.

The complaint

1. The complainant, Mr X, complains about the impact of a planning permission granted to his neighbour in 2019. He also complains about the Council’s decision not to take action against his neighbour for what he sees as an unauthorised change of use in 2021.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

Background

6. Mr X’s neighbour applied for planning permission from the Council for development in 2019. The Council granted permission but Mr X believes the permission limited, or should have limited, what the development could be used for. He contacted the Council in 2020 to report what he believed was unauthorised use of the development but the Council confirmed it was allowed. Mr X disagrees with this but suggests if the Council is correct it did not properly consider the original planning application.

Back to top

My assessment

7. I have seen no evidence of fault by the Council in its handling of this matter. The planning permission granted by the Council in 2019 does not limit use by Mr X’s neighbour or prohibit the use Mr X believes is unauthorised. There is therefore no basis for the Council to take formal enforcement action.
8. We will not investigate Mr X’s complaint about the Council’s decision to grant planning permission in 2019 as it is late. There was nothing in the decision to suggest the Council had restricted how the development could be used and the main reason for his objection to the use was not based on a material planning consideration; the Council could not therefore take it into account and it is unlikely we could say the decision should have been different.

Back to top

Final decision

9. We will not investigate this complaint. Mr X’s concerns about the Council’s grant of planning permission in 2019 is late and there is no evidence of fault in its handling of his report of unauthorised use.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman