Summary: We will not investigate this complaint about the way the Council dealt with a planning application. The complaint is late, and we have seen no reason to exercise discretion on this point.

The complaint

1. Mr X complains as Chair of a resident’s association. He says the Council’s planning committee decided to approve a planning application based on incomplete information and failed to allow a speaker from a sporting consortium to appear at the planning meeting.
2. He wants the Council to revoke its decision and rehear the application.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The planning permission which is the subject of Mr X’s complaint was granted in September 2022.
8. Mr X says he could not approach us until the Council had concluded its complaints process. This is incorrect. The law says the complaint must be made to us within 12 months of the complainant becoming aware of the matter.
9. As stated, planning permission was granted in September 2022. Mr X did not complain to the Council until June 2023. He did not complain to the Ombudsman until November 2023. The complaint is therefore late.
10. I have considered whether to exercise discretion in this case. We should not investigate late complaints unless:
• we are confident that there is a realistic prospect of reaching a sound, fair, and meaningful decision; and
• we are satisfied that the complainant could not reasonably be expected to have complained sooner.
11. This complaint was late coming to the Ombudsman, and for the following reasons I see no good reason to investigate it now:
• Mr X was fully aware of the progress of the planning application and the decision to approve it. He could have complained to us much sooner.
• The documents I have reviewed do not reveal clear evidence of fault by the Council and its officers.
12. I understand why Mr X is dissatisfied with the decision to approve the application. However, I consider that further investigation now cannot achieve the outcome he is seeking.

Back to top

Final decision

13. We will not investigate Mr X ’s complaint because is it late.

Back to top

Investigator's decision on behalf of the Ombudsman