Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against a breach of planning conditions. The complaint is late and we have seen no reason why the complainant could not have come to us much sooner.

The complaint

1. Mr X complains the Council refuses to take enforcement action to require a developer to replace two of his trees as required by a planning condition.
2. He wants the Council to require the developer to replace the trees.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

7. Mr X was aware the trees had died in 2022. He reported a breach of planning condition in 2019. His complaint to the Council was made in 2024, two years after the trees had died. He complained to the Ombumdsman in 2025.
8. The law says a complaint must be made to the Ombudsman within 12 months of the complainant becoming aware of the matter. Mr X has been in contact with the Council for some years before complaining to us. Therefore his complaint is late and we have seen no reason why he could not have been made sooner.

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Final decision

9. We will not investigate Mr X’s complaint because it is made too late and we have seen no reason to exercise discretion on this matter.
    

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Investigator's decision on behalf of the Ombudsman