Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her neighbour’s planning application and a possible breach of planning control. This is because the complaint is late and it would have been reasonable for Mrs X to bring it to us sooner. It is unlikely we would find fault in relation to the remaining issues complained about.

The complaint

1. Mrs X complains about how the Council dealt with a planning application and a possible breach of planning control. She says the Council:

• Failed to notify her of a planning application.
• Granted planning approval for a neighbour to build an extension which interferes with her property rights.
• Took into account incorrect information provided by the applicant when making its decision to grant planning approval.
• Did not take enforcement action for a breach of planning control.

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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 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.

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

4. 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 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

6. I considered the information provided by Mrs X and the Ombudsman’s Assessment Code.

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My assessment

7. I consider Mrs X’s complaint about the decision to grant planning approval late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. I have considered whether to exercise our discretion to investigate this part of the complaint, but I have seen no good reasons to do so. Mrs X had known about the Council’s decision for over three years before bringing the complaint to us. In the circumstances I consider it would have been reasonable for Mrs X to bring the complaint to us sooner and I have therefore decided not to investigate this part of the complaint further.
8. I have considered Mrs X’s concerns about how the Council dealt with possible breaches of planning control.
9. Planning authorities can take enforcement action where there has been a breach of planning control. A breach of planning control includes circumstances where someone has built a development without permission. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action. Government guidance stresses the importance of affective enforcement action to maintain public confidence in the planning system but says councils should act proportionately. Councils do not need to take enforcement action just because there has been a breach.
10. The Ombudsman does not act as an appeal body against enforcement decisions. Instead, we consider if there was any fault with how the decision was made.
11. In this case, the Council looked into Mrs X’s concerns and an enforcement officer visited the site. The Council found there had been no planning breach and it had no grounds on which to take further action.
12. I understand Mrs X disagrees with the Council’s decision not to take enforcement action. But the Council was entitled to use its professional judgement to decide it did not need to take enforcement action. As the Council properly considered if it was necessary to take enforcement action, it is unlikely I could find fault.
13. Mrs X has raised concerns about the development encroaching on her property and says legal covenants related to the land have not been complied with. But these matters are not material planning issues and will instead be private civil matters between Mrs X and her neighbour.

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Final decision

We will not investigate this complaint. This is because the complaint is late, and we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman