Summary: We will not investigate this complaint about how the Council handled a prior notification application for a building extension, to a property next door to Mr X’s mother. It is late and there are no good reasons why it could not have been made sooner. In any case, it is unlikely we would find fault.

The complaint

1. Mr X said the Council did not take his objections into account when it decided a neighbour’s building extension did not need to planning permission to be approved. Mr X said this meant building work started and this has caused his mother (Mrs Y) upset.

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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)
3. 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))

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How I considered this complaint

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

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My assessment

5. In July 2022, Mr X became aware of a proposed building extension to Mrs Y’s neighbour’s home. He made his and Mrs Y’s objections known at that point and told the Council he did not live with Mrs Y. That application was rejected, and the neighbour submitted a further application in August 2022.
6. The Council said it sent letters to Mrs X (the neighbour) in line with requirements and it received no objections to that application. In October 2022 it published its decision that prior approval was not required.
7. In November 2023, Mr X complained, and the Council competed its complaint procedures by February 2024.
8. We will not investigate Mr X’s complaint, because it is late, he would have been aware of the Council’s decision in October 2022 and there are no good reasons why he could not have made his complaint sooner. In any case, given the Council’s explanations of its actions, it is unlikely we would find fault even if we were to investigate.

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Final decision

9. We will not investigate Mr X’s complaint because it is late and it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman