Summary: We will not investigate this complaint about the Council’s handling of planning matters relating to a development close to Mr X’s home. This is because the complaint is a late complaint and so falls outside our jurisdiction.

The complaint

1. The complainant, who I refer to as Mr X, complains about the Council’s handling of planning matters relating to a development close to his home, particularly involving access arrangements and highway safety relating to a school nearby.

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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 Mr X and the Council, including its responses to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X bought his home in 2018 shortly after planning permission had been granted for a development close to the property. In 2020 he raised concerns with the Council about the development, particularly involving access to the site and encroachment onto his land.
7. The Council responded to his formal complaint in 2021 at Stage 1 of its complaints procedure. Mr X made a further complaint in 2022 to which the Council responded by advising Mr X that it would not be taking any enforcement action in relation to the development and that land ownership issues were civil matters between the two parties.
8. The restriction highlighted at paragraph 3 applies to Mr X’s complaint. He was aware of the issues about which he complains for a number of years before making his complaint to us. As we would reasonably have expected him to have complained sooner, the complaint falls outside our jurisdiction and will not be investigated.

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Final decision

9. We will not investigate Mr X’s complaint because it is a late complaint and so falls outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman