Summary: We will not investigate this complaint about how the Council dealt with planning applications for a development near Mr X’s property. This is because the last planning decision was made by the Council in 2019 so this is a late complaint and there are no good reasons to investigate it now. We will not investigate Mr X’s complaint about a recent ecology survey because the Council was not involved in this being carried out.

The complaint

1. Mr X complains the Council has granted planning permission for development near his home which will have a negative impact on protected species. Mr X says the Council has failed to share details of an ecology survey carried out on the area.

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The Ombudsman’s role and powers

2. 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))
3. 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

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

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My assessment

6. The last planning decision taken by the Council regarding the development was in 2019. Mr X commented on the application. Therefore this is a late complaint and we cannot investigate it.
7. We have the power to disregard this restriction where there are good reasons for doing so. However I cannot see why Mr X could not have complained sooner if he was unhappy with the Council’s decisions regarding the site.
8. There appears to have been a recent ecology survey undertaken on the site. This was not carried out or commissioned by the Council. Therefore there is no fault on the Council failing to make this public as it is not involved in this process and has no power to require the survey to be shared.

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Final decision

9. We will not investigate Mr X’s complaint because his complaints about planning decisions made by the Council are late and there are no good reasons to investigate now. We will not investigate Mr X’s complaint about a recent ecology survey as the Council had no involvement with this.

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Investigator's decision on behalf of the Ombudsman