Summary: We will not investigate this complaint about the Council’s decision to approve a planning application. This complaint is late and there are no good reasons why it could not have been made sooner. Nor will we investigate a complaint about the Council’s decision-making relating to planning enforcement. It is unlikely we would find fault.

The complaint

1. Mr X complained about the Council’s actions in relation to a property extension. He said the Council wrongly assessed the initial planning application and then did not take sufficient action when the extension was in breach of planning approval.
2. Mr X said this will have devalued his property and has caused him stress. He now wants the Council to revoke the original application.

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The Ombudsman’s role and powers

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 any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X was unhappy with how the Council assessed an application for a nearby property extension which it approved in April 2023. He said it did not follow guidance when it made its decision. We will not investigate this part of Mr X’s complaint because it is late and there are no good reasons why it could not have been made sooner.
7. Mr X was also unhappy with how the Council responded to concerns about a breach of planning approval. The Council responded to Mr X’s complaint setting out how it responded and said it had issued an enforcement notice. Given the Council’s explanations to Mr X, I am satisfied it is unlikely we would find fault and therefore we will not investigate.

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Final decision

8. We will not investigate Mr X’s complaint because parts of it are late and of the parts that are not late, it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman