Summary: We will not investigate this complaint about planning permission and enforcement of planning permission as the matter is out of time and there is insufficient injustice to warrant investigation.

The complaint

1. Mr X complains that planning permission granted in 2018 was considered improperly. He says that the Council has failed to take enforcement action to redress breaches of the planning permission.

Back to top

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/care provider 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Planning permission was granted in 2018 a development next door to Mr X.
7. Mr X complained at that time that the Council had failed to notify him of the planning permission. Mr X did not complain to this office within 12 months of that decision. I see no reason why the Ombudsman should investigate this complaint given the length of time elapsed since the planning permission. This part of the complaint is therefore out of jurisdiction.
8. Mr X says that the planning permission has not been fully complied with, specifically the lack of parking on site which he says has led to an increase in on- street parking.
9. I am not satisfied that the increased-on street parking causes sufficient injustice to warrant investigation. I note the road outside has no parking restrictions. Mr X has his own driveway. He says that cars often park close to the entrance to his drive which makes access more difficult. However, any blocking of a driveway to the extent that access cannot be obtained is a criminal matter for the Police.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because part of the complaint is out of time and there is insufficient evidence of fault by the Council injustice to warrant investigation.

Back to top

Investigator's decision on behalf of the Ombudsman