Summary: We will not investigate Mr X’s complaint because parts of the complaint are late and there are no good reasons for us to investigate now. We will not investigate Mr X’s complaint about how the Council has consider the use of its planning enforcement powers as the development is subject to an appeal with the Planning Inspector. We cannot know what, if any, impact the actions of the Council have had on Mr X until the outcome of the appeal is known.

The complaint

1. Mr X complains the Council has failed to control a development near his home. Mr X says the development has a detrimental impact on the neighbourhood.

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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 about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and information about the development on the Council’s website.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The development has a long history of planning applications dating back to 2011. Mr X did not complain to the Ombudsman about the development until March 2022. Therefore we can only investigate what has happened since March 2021.
7. We have the power to disregard this restriction where there are good reasons. However I cannot see any reason why Mr X could not have complained sooner if he was unhappy with the Council’s actions.
8. Mr X is unhappy the Council has failed to take enforcement action regarding the development after it refused to grant planning permission for non material amendments to the approved plans in December 2020. This was in relation to plans for the roof. The lack of enforcement action is an ongoing matter and so we can consider this.
9. The applicant has appealed the Council’s decision with the Planning Inspector. We cannot reach a view on the impact of the actions of the Council until we know the outcome of the Inspector’s decision. Therefore we will not investigate this complaint. Mr X may raise a further complaint once the outcome of the appeal is known.

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Final decision

10. We will not investigate Mr X’s complaint because parts of the complaint are late and there are no good reasons for us to investigate now. We will not investigate Mr X’s complaint about how the Council has consider the use of its planning enforcement powers as the development is subject to an appeal with the Planning Inspector. We cannot know what, if any, impact the actions of the Council have had on Mr X until the outcome of the appeal is known.

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Investigator's decision on behalf of the Ombudsman