Summary: We will not investigate this complaint about planning permission being granted for a development which the complainant says has a dangerous access and affects his privacy. It is reasonable to expect the complainant to have contacted us sooner, and we cannot achieve some of the outcomes he is seeking.

The complaint

1. Mr X says the Council should not have granted planning permission for an access to a housing development as it is dangerous and creates a liability on his land. He also says the development affects his privacy.

Back to top

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 can investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. So, we do not start or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We also 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)

Back to top

How I considered this complaint

5. I considered information provided by Mr X, and the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The time restriction detailed in paragraph 4 above appears to apply to Mr X’s complaint. This is because the principle of a residential development opposite Mr X’s home was established via a 2016 planning permission, and the access was granted in late-2020, yet Mr X did not contact the Ombudsman until late‑2023.
7. I see no reasons why Mr X was prevented from contacting us sooner with his concerns about the development, so the Ombudsman will not start an investigation now.
8. The Ombudsman also could not achieve some of the outcomes Mr X is seeking as we could not direct the Council to change the access or remove the houses.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because it is reasonable to expect him to have contacted us sooner, and we cannot achieve some of his desired outcomes.

Back to top

Investigator's decision on behalf of the Ombudsman