Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning application which it decided in 2021. This is because the complaint is late and there is not enough evidence of fault.

The complaint

1. The complainant, Mr X, complains the Council granted planning permission for development on a site which is completely unsuitable and impacts his home. He says access to the site is poor, the Council failed to properly consult residents and gave no opportunity to discuss objections when making its decision. He says the development overlooks his home.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. 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/care provider 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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

5. The Council granted planning permission for the development in 2021 but Mr X did not complain to us about it until February 2023. His complaint is therefore late. I have seen no good reasons for the delay and I have therefore decided not to exercise our discretion to investigate the complaint.
6. However, even if the complaint was in-time it is unlikely we would investigate it. This is because the Council took into account Mr X’s concerns, and those of other residents, in reaching its decision. The planning officer’s report addresses concerns about the suitability of the site, site access and the impact of the development on neighbouring properties and it is not for us to question its judgement on these points.
7. Residents were given sufficient opportunity to comment on the proposal and there is no requirement for personal consultation between committee members and local residents. The planning committee was fully aware of residents’ concerns when reaching the decision to grant planning permission and while I appreciate Mr X does not agree with the decision, this is not evidence of fault.

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Final decision

8. We will not investigate this complaint. This is because the complaint is late and there is not enough evidence of fault by the Council affecting its decision.

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Investigator's decision on behalf of the Ombudsman