Durham County Council (22 009 504)

Category : Planning > Planning applications

Decision : Closed after initial enquiries

Decision date : 31 Oct 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for the complainant’s neighbour to extend their home in 2020. This is a late complaint and we have seen no good reason to investigate now.

The complaint

  1. The complainant, I shall call Ms X, complains about the Council’s decision to grant planning permission for her neighbour to extend their home. She says the development has caused loss of light and privacy. And her property has decreased in value.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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

  1. I considered information provided by Ms X.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council granted planning permission for Ms X’s neighbours to extend their home in 2020.
  2. Ms X was aware of the Council’s decision to grant planning permission and complained to them at the time. The Council advised Ms X of her right to complain to the Ombudsman more than 12 months ago. Therefore, this is a late complaint, and we cannot investigate.
  3. We may disregard this restriction where there are good reasons. However, I cannot see why Ms X could not have complained to the Ombudsman sooner if she was unhappy with the Council’s decision. Therefore, we will not investigate this complaint.

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Final decision

  1. We will not investigate Ms X’s complaint because it too late.

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Investigator's decision on behalf of the Ombudsman

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