Summary: We will not investigate this complaint about the Council’s failure to act on a breach of planning control. The complaint is late and we have seen no good reason why the complainant could not have contacted us much sooner.

The complaint

1. Mr X complains the Council failed to require a business close to his home to apply for a change of use when it changed a garden to a car park.

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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 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 provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

6. Mr X says a business close to his home changed its garden to a car park without planning permission. He says this happened in 2022.
7. The law says a person must complain to the Ombudsman within 12 months of becoming aware of the problem. Mr X has known about the creation of the car park since 2022. Therefore his complaint is late.
8. I have considered the information provided by Mr X. I have seen no reason why he could not have complained to the Council and to us when he became aware of the breach of planning control four years ago.

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Final decision

9. We will not investigate Mr X’s complaint because the complaint is late and we have seen no reason why he could not have complained to us much sooner.
    

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Investigator's decision on behalf of the Ombudsman