Summary: Mr X complains about the grant of planning permission for a neighbour’s extension and lack of enforcement action by the Council. We will not investigate this complaint because the planning permission is out of time and there is no fault in the way the Council has considered enforcement action.

The complaint

1. Mr X complains about the grant of planning permission for a neighbour’s extension and lack of enforcement action by the Council.

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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 of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I considered the complainant’s comments on my draft decision.

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My assessment

7. Mr X’s neighbour was granted planning permission in 2018 for a single storey extension. Whilst Mr X is unhappy with the decision, I see no reason why a complaint about the planning permission could not have been made to this office within 12 months. The planning permission is therefore out of jurisdiction.
8. Mr X says that the extension has not been built in accordance with planning permission.
9. The Council says that a Planning Officer visited and they are satisfied that the height of the extension has been measured and complies with planning permission.
10. The Council says that the render used does not comply with the planning permission and the Council is now considering whether enforcement action should be taken.
11. I am satisfied that the Council has properly considered their powers of enforcement in this matter. In the absence of fault, the Ombudsman would not investigate this complaint.

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Final decision

12. I do not intend to investigate this complaint because part of the complaint is out of time and there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman