Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for a retrospective planning application. The complaint is made too late and we have seen no reason why Mrs X could not have contacted us much sooner.

The complaint

1. Mrs X complains the Council granted planning permission for her neighbour’s retrospective application for decking based on the incorrect assumption that previous decking had planning permission.
2. She says the new decking has a negative impact on her privacy and her property.

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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 Mrs X.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Mrs X complaint because it is late. The planning permission was granted in January 2024 and the Council’s final response is dated March 2024. Mrs X did not come to us until June 2025. The complaint is therefore late and we have seen no reason why she could not have complained to us much sooner.

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Investigator's decision on behalf of the Ombudsman