Summary: We will not investigate this complaint about a planning application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is late and there is no good reason to exercise discretion in this case.

The complaint

1. The complainant, I shall call Ms X, says that when approving a planning application, the Council:
• failed to preserve and enhance the natural beauty
• failed to consider the wildlife and cultural heritage; and
• failed to promote opportunities for public understanding and enjoyment of the special quality of the area where she lives.

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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)

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How I considered this complaint

4. I considered information provided by Ms X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council received a planning application in 2021. Ms X and others objected to the proposal. Having reviewed the material planning considerations, the Council decided to approve the application. Ms X was aware of this in 2021.
7. We will not investigate this complaint because it is late. Late complaints are when someone takes more than twelve months to complain to us. The issue at the core of Ms X’s complaint occurred in 2021. I have seen no good reason to investigate this now.

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Final decision

8. We will not investigate Ms X’s complaint because it is made too late and there are no good reasons to exercise discretion.

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Investigator's decision on behalf of the Ombudsman