Summary: Mr X complains about the lack of planning enforcement of a neighbour’s property. We will not investigate this complaint because the complaint is late.

The complaint

1. Mr X complains about the lack of planning enforcement of a neighbour’s property.

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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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant had an opportunity to comment on my draft decision.

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My assessment

6. Mr X complained to the Council in 2019 that a neighbour had started building an extension and was creating a House of Multiple Occupation. The Council said that the work had started before any planning controls were instigated (which would have restricted the work) and so the work was immune from planning enforcement action.
7. The complaint about planning enforcement is out of time and I see no grounds to disapply the rule in para two above. The complaint is therefore out of jurisdiction.

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Final decision

8. I do not intend to investigate this complaint because the matter is out of time.
    

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Investigator's decision on behalf of the Ombudsman