Summary: We will not investigate this complaint about the Council’s handling of Mr X’s neighbour’s planning application from 2019 and the Council’s enforcement investigation in relation to the development in 2021. This is because the complaint is a late complaint and so falls outside our jurisdiction due to the passage of time.

The complaint

1. Mr X complains about the Council’s handling of a neighbour’s planning application in 2019 and about its enforcement investigation in relation to the development in 2021.

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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 the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The restriction highlighted at paragraph 3 applies to Mr X’s complaint. He knew of the application and the enforcement investigation in 2019 and 2021 respectively and as we would reasonably have expected him to have complained to us sooner, the complaint falls outside our jurisdiction and will not be investigated.

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Final decision

7. We will not investigate Mr X’s complaint because the complaint is a late complaint and so falls outside our jurisdiction due to the passage of time.

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Investigator's decision on behalf of the Ombudsman