Summary: We will not investigate this complaint about how the Council dealt with an application for outline planning permission and a reserved matters application. This is because parts of the complaint are late. It is unlikely we would find fault in relation to the remaining issues complained about.

The complaint

1. Ms X has complained about how the Council dealt with an application for outline planning permission and a reserved matters application. Ms X says the Council allowed the developer to remove protected trees from the site and says it failed to properly consider the impact the development would have on the area and local wildlife.

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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)
4. We 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. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

8. Outline planning permission establishes the acceptability of a development, subject to later agreement to details of ‘reserved matters’. Reserved matters can be any or all of access, appearance, landscaping, layout and scale of the development.
9. In this case, the Council granted outline planning permission for a development in the area where Ms X lives. Ms X has raised many concerns about how the Council dealt with the application and the removal of trees from the site. However, I consider Ms X’s concerns about the outline application late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. It has been some years since the Council granted outline planning permission. Ms X knew about the application at the time and had the opportunity to comment on the proposal. I see no good reason to exercise discretion to investigate these matters now as I consider Ms X could have complained to the Ombudsman sooner.
10. Ms X has also complained about the Council’s decision to approve the reserved matters application for the site. However, I am satisfied the Council properly considered the proposal before approving the application. The case officer’s report referred to resident’s objections and addressed the issues raised, including concerns about local wildlife, trees, and highway safety. The Council also contacted the relevant consultees for their comments before deciding the proposal was acceptable.
11. I understand Ms X disagrees with the Council’s decision to approve the reserved matters application. But the Council was entitled to use its professional judgment to decide the proposal was acceptable. The principle of the development had also already been established by the outline planning application. As the Council properly considered the reserved matters application, it is unlikely I could find fault.

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Final decision

12. We will not investigate Ms X’s complaint because parts of the complaint are late. It is unlikely we would find fault in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman