Summary: We will not investigate this complaint about a planning permission as the matter is out of time and any outstanding issues are private legal matters.

The complaint

1. Ms X complains that planning permission granted in 2017 should not have been given as it has resulted in flooding issues.

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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)

• We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.

• I considered the Ombudsman’s Assessment Code.

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My assessment

4. Ms X says that her property has been repeatedly flooded since planning permission was granted a development near her in 2017. Ms X was aware of the planning application at the time and did not object.

• The planning permission itself is out of time for investigation as the complaint could reasonably have been made within 12 months of the decision and so is out of jurisdiction.

5. Since the planning permission Ms X says that she has suffered flooding from the neighbour’s property.

• The Council says that the flooding is caused by a blockage of her neighbour’s surface water drainage pipe. Any building control issues are not matters for the Council as they were originally determined by a non Council approved Inspector.

6. I am satisfied that the current problem is a private legal matter with her neighbour and is so, out of jurisdiction.

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Final decision

We will not investigate Ms X’s complaint because it is out of time and now a private legal matter.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman