Summary: We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

The complaint

1. Mrs X complained about the Council’s approval of a neighbour’s planning application in 2017. She says the development affects her amenity and that the Council refused a similar application which she made in the past. She says the approval was carried out in an underhand manner and has not been checked for compliance.

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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.

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My assessment

5. Mrs X says the Council approved a neighbour’s planning application in 2017 to build a new bungalow and a store for their business use. She says the new property affects her amenity and that the business use causes disturbance by vehicle movements.
6. Mrs X did not object to the application in 2017 and she complained about it to the Council in 2020. The Council told her the development has been built to the approved plans and was approved by delegated authority which is the normal procedure for these types of development. Her amenity was taken into account in the case officer’s report at the time and there were no grounds to refuse the plans.
7. Following Mrs X’s complaint that the business use was being breached the Council opened a planning enforcement case. It was closed in 2021 when it decided there was no breach of the planning conditions and enforcement was not appropriate.
8. Mrs X was aware of the plans more than 12 months before she complained to us. She also made a complaint to the Council in 2020 and did not complain to us until 2022. There is no evidence to suggest that she could not have complained to us sooner

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Final decision

9. We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman