Summary: Mr and Ms X complain about the Council’s grant of planning permission. We will not investigate this complaint because the planning permission is out of time.

The complaint

1. Mr and Ms X complain about the Council’s grant of planning permission.

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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 complainants and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainants had an opportunity to comment on my draft decision.

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My assessment

6. The complainants’ neighbour obtained planning permission in 2019 for an extension near their property. The planning permission was granted more than 12 months ago and I see no reason to disapply the rule in paragraph three above.
7. The neighbours subsequently submitted further planning applications but these were either refused or for changes that made no difference to the complainants.
8. The complainants argue that the neighbour has damaged their property whilst building the extension. Any damage caused by the neighbour can be remedied in court as a private remedy.
9. The complainants say that the extension has not been built in accordance with plans. The Council is currently investigating this matter. Until the Council has determined whether or not to take action, the Ombudsman would not investigate this matter.

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Final decision

10. I do not intend to investigate this complaint because the planning permission is out of time.

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Investigator's decision on behalf of the Ombudsman