Summary: We will not investigate this complaint about how the Council dealt with the complainants’ planning applications or its decision to grant planning permission to the complainants’ neighbour. This is because parts of the complaint are late, and the complainants used their right to appeal to the Planning Inspector. It is unlikely we would find fault in relation to the remaining issues complained about.

The complaint

1. The complainants, whom I shall refer to as Mr and Mrs X, have raised many concerns about how the Council dealt with their planning applications. Mr and Mrs X have also complained about the Council’s decision to grant planning permission to the owner of the land next to theirs. They say the development will have a significant impact on their privacy and their home will lose value.
2. Mr and Mrs X say they have suffered financial loss because of the Council’s actions. They believe they have been discriminated against and say the Council should compensate them.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
6. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

7. I considered information provided by Mr and Mrs X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr and Mrs X have raised many concerns about how the Council dealt with their planning applications. However, I consider complaints about these matters late. The applications were made many years ago and I see no good reason to exercise discretion to investigate as Mr and Mrs X could have complained to the Ombudsman sooner. Furthermore, Mr and Mrs X appealed to the Planning Inspector about the planning decisions at the time and the Ombudsman cannot investigate matters where someone has already used their appeal right.
10. I have considered the concerns Mr and Mrs X have raised about the Council’s decision to grant planning permission to the owner of the land next to theirs. After receiving planning permission, Mr and Mrs X sold the land. The new owner applied for permission to change the design and location of the proposed dwelling.
11. Mr and Mrs X say the new dwelling will be too close to their home and will have a significant impact on their privacy. However, I am satisfied the Council properly assessed the acceptability of the development, including the impact on Mr and Mrs X’s home, before granting planning permission. The case officer’s report said reasonable privacy would be retained and the development would not cause an adverse impact on amenity to warrant the refusal of the application. I understand Mr and Mrs X disagree. But the case officer was entitled to use their professional judgment to decide the application was acceptable and the Ombudsman cannot question this decision unless it was tainted by fault. As the Council properly considered the application, it is unlikely I could find fault.
12. Furthermore, the Council has recently granted permission for an amended proposal to change the location of the dwelling to reflect the concerns raised by Mr and Mrs X.

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Final decision

13. We will not investigate Mr and Mrs X’s complaint because parts of the complaint are late, and they have already appealed to the Planning Inspector. It is unlikely we would find fault in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman