Summary: We will not investigate this complaint about the Council’s handling of planning matters which relate to a neighbour’s extension which impacts on Ms X’s property. This is because the complaint is a late complaint and so falls outside our jurisdiction due to the passage of time.

The complaint

1. Ms X complains about the Council’s handling of planning matters which relate to a neighbour’s extension which impacts her property.

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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 the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complains about the Council’s handling of planning matters which relate to applications for a neighbour’s extension decided upon by the Council in 2017 and 2018.
7. The restriction highlighted above at paragraph 3 applies to Ms X’s complaint as it is too late now to investigate matters which are over five years old. Ms X knew about the matters of which she complains in 2018 and we would reasonably have expected her to have complained to us sooner.
8. Matters regarding the Party Wall Act and any damage caused to Ms X’s property by her neighbour’s works are civil matters with which the Council is not involved. Ms X may find it helpful to seek further advice on these matters from her insurance company.

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Final decision

9. We will not investigate Ms X’s complaint because it is a late complaint and so falls outside our jurisdiction due to the passage of time.

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Investigator's decision on behalf of the Ombudsman