Summary: We will not investigate this complaint about the Council’s decision on a prior approval application in 2020. This complaint is late, and we have seen no evidence to suggest the complainant could not have contacted us much sooner.

The complaint

1. Mr X complains the Council failed to consider protected wildlife species when it granted permitted development to destroy an ancient woodland in 2020.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Mr X says the Council agreed in 2020 that work at a property in the area where he lives is permitted development. He confirms he became aware of the matter in 2020.
6. Complaints should be made to the Ombudsman within 12 months of someone became aware of the matter they wish to complain about. This is not when they first complained to the Council or received a final response. We expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.

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Final decision

7. We will not investigate Mr X’s complaint because we have seen no evidence to show he could not have complained to us much sooner.
   
   Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman