Summary: We will not investigate this complaint about a planning s106 agreement. The complaint is late and there is no good reason to exercise discretion to investigate it now.

The complaint

1. Mr X complained he was responsible for maintaining publicly accessible land, and the Council had not responded to his questions about the legality of a s 106.
2. Mr X said he was unhappy he has to pay maintenance costs for publicly accessible land.
3. Mr X would like changes made to the s 106 so only homeowners may use the land.

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The Ombudsman’s role and powers

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 the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In 2011 the Council and a property developer created a s106 as part of the plans for a housing development. The developer built the development in 2019. Mr X bought his property in 2019.
8. Mr X contacted the Council in 2020 to discuss the terms of the s 106. In October 2023 the Council advised Mr X that a judicial review was the only way to have a s 106 reversed.
9. We will not investigate these matters which Mr X has been aware of for significantly longer than 12 months. This is because it was reasonable for Mr X to complain to us within 12 months and I have seen no evidence to suggest that he could not have complained to us sooner.

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Final decision

10. We will not investigate Mr X’s complaint because his complaint is late and there is no good reason to exercise discretion and investigate now.

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Investigator's decision on behalf of the Ombudsman