Summary: We will not investigate this complaint about the Council’s response to a report of a breach of planning control. The complainant was aware of the matter three years ago and the complaint is therefore late. We have seen no reason to exercise discretion and investigate this late complaint.

The complaint

1. The complainant, I shall call Miss X, complains about the Councils response to her complaint of a breach of planning control.

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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 Miss X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In 2020, Miss X complained to the County Council as Highways Authority about her neighbours plans for a dropped kerb. The County Council told her that planning applications were dealt with by the Havant Borough Council (the Council) as it is the Local Planning Authority.

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Final decision

7. Miss X was aware of the dropped kerb in 2020 but did not complain to the Council until 2023. Her complaint to us is therefore late. I have seen no reason why Miss X could not have raised her concerns with us much sooner.

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Investigator's decision on behalf of the Ombudsman