Summary: We will not investigate Mr X & Ms Y’s complaint about the way the Council considered a planning application for the site next to their home. Planning permission was granted more than two years ago and it is too late to complain about this now. We will not investigate their complaint about the way the Council considered their reports of breaches of planning control. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mr X & Ms Y complain about the Council’s decision to grant planning permission for their neighbours to demolish a bungalow and build a new house.
2. They also complain about the Council’s consideration of their reports of breaches of planning control.

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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)
5. 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))

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How I considered this complaint

6. I considered information provided by Mr X & Ms Y and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council granted permission for the neighbours to demolish a bungalow and build a house on the plot next to Mr X & Ms Y’s home.
9. Mr X & Ms Y were aware of the application and made objections. The Council considered the objections before deciding to grant planning permission in January 2024. Mr X & Ms Y complained to the Council.
10. The Council gave their final response to the complaint in May 2024. This included a reference to their right to approach the Ombudsman. Mr X & Ms Y did not complain to us until October 2025. Therefore their complaint is late and we have seen no reason why they could not have contacted us much sooner.
11. Mr X & Ms Y also complain about the Council’s consideration of their reports of breaches of planning control.
12. From the information I have seen, the Council investigated their reports that the new building did not comply with the planning permission because:
• An air conditioning unit was located opposite to the location in the approve plans.
• Officers had measured the building which is slightly higher than shown on the approved plans.
• Officers had measured levels which fluctuate from the approved plans by up to 300mm.
13. Following several site visits it decided it is not expedient to take enforcement action. Having visited the site and investigated Mr X & Ms Y’s complaints, this is a decision the Council is entitled to make.
14. I understand there was a delay in the Council’s responses to Mr X & Ms Y’s complaints. We expect Council’s to follow their published complaint procedure. However, we do not consider this delay caused a significant injustice that justified an investigation.
     

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Final decision

15. We will not investigate Mr X & Ms Y’s complaint because:
• It is too late to complain about the decision to grant planning permission in January 2024; and
• We have not seen enough evidence of fault in the way the Council considered their reports of breaches of planning control.
   

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Investigator's decision on behalf of the Ombudsman