Summary: We will not investigate this complaint about the Council’s handling of planning and building control matters relating to development a block of flats Mr X lives in. This is because parts of the complaint fall outside our jurisdiction due to the passage of time and with regard to a more recent tree works application, we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains he and other residents living in blocks of flats are unable to carry out essential maintenance work at their homes due to mistakes made by the Council in its handling of planning and building control matters at the site. He says planning permission lapsed in January 2022 and that the discharge of conditions relating to the original application were not properly handled.

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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 of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. 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)
5. 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

6. I considered information provided by the complainant and the Council, including its response to the complaint.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The restriction highlighted at paragraph 3 applies to the parts of Mr X’s complaint which relate to the original planning permission and the discharge of planning conditions in 2019 and to the Council’s decision that building works at the site commenced in 2021 so that planning permission had not lapsed in 2022. As we would reasonably have expected Mr X to have complained to us about these matters sooner, they fall outside our jurisdiction due to the passage of time and will not be investigated.
9. Mr X also complains about the Council’s decision made in 2024 to allow the felling of a tree at the site. It is not our role to act as a point of appeal against decisions made by councils. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. While Mr X may disagree with the decision taken, there is no evidence to suggest fault affected it.

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Final decision

10. We will not investigate Mr X’s complaint because parts of the complaint fall outside our jurisdiction due to the passage of time and with regard to a more recent tree works application, we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman