Summary: We will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning application as the complaint is late. Mr X claims his neighbour’s development has caused damage to his property and it is for the courts to determine if the neighbour or the Council is liable for this damage.

The complaint

1. The complainant, Mr X, complains the Council failed to properly consider the impact of his neighbour’s planning application. He says the Council did not properly consult on the application, failed to check site levels and has not enforced compliance with the Building Regulations. As a result he says his property has flooded, causing tens of thousands of pounds worth of damage.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. The Council granted planning permission for Mr X’s neighbour’s proposal in 2022 but Mr X did not complain about it until March 2023; any complaint about the decision is therefore late. Mr X confirms he has known about the issues caused by the development for more than two years and I have seen no good reasons for the delay in complaining to us. I have therefore decided not to exercise our discretion to investigate the complaint.
7. However, even if the complaint was not late it is unlikely we would investigate it. This is because the Council could not insist on compliance with the Building Regulations as the development is exempt. We also cannot hold the Council responsible for the damage or recommend it pays Mr X compensation for damage to his property. If Mr X considers the Council liable it would be reasonable for him to make a claim against it and take the matter to court. Mr X may also wish to seek legal advice about whether he has a claim against his neighbour. Ultimately liability for the damage is a legal issue and this is for the courts to determine, rather than for us.
8. Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

9. We will not investigate this complaint. This is because the complaint is late and it is for the courts to determine whether the Council or Mr X’s neighbour is liable for the damage to Mr X’s property.

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Investigator's decision on behalf of the Ombudsman