Summary: We will not investigate Mr X complaint about the Council’s handling of a planning application for a development near his home. The complaint is late and there is no good reason why it could not have been brought to us sooner.

The complaint

1. Mr X complains the Council has accepted revised plans which does not include a condition variation about speed limits around a residential development near his home. Mr X says the Council failed to report this change to the Planning Committee and then failed to deliver the scheme promised. He wants the Council to refer the matter back to the Planning Committee for further consideration.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X’s complaints relate to a planning application that was granted permission in 2019 and the Council’s consideration of related planning conditions in 2022 and 2023. The Council responded to complaints from Mr X about this matter at the time and issued its final complaint response to him in May 2023. Mr X has raised other complaints with us about this planning matter in previous years so is aware of our procedures and existence.
6. We usually expect people to complain to us within 12 months of the events they are complaining about. Mr X has been aware of these specific issues since April 2023. Any concerns he continues to have about the Council’s handling that occurred more than 12 months prior to him bringing his latest complaint to us are now late. I have seen no evidence to suggest Mr X could not have brought his concerns to us sooner, so I will not exercise discretion to investigate this late complaint now.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because it is late and there are no good reasons to exercise discretion to investigate it now.

Back to top

Investigator's decision on behalf of the Ombudsman