Summary: We will not investigate Mr X’s complaint about the Council’s planning process. The complaint is late and it would be reasonable for Mr X to have complained to us sooner. Even if we did investigate, we could not achieve the outcome he wants.

The complaint

1. Mr X complains the Council failed to consider the impact on resident’s health and wellbeing when granting planning permission. He also says the planning officer’s recommendations were biased. He wants planning permission revoked.

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)
3. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council determined the ‘outline’ planning application about which Mr X has complained over two years ago. Mr X submitted objections to the Council during public consultations. He complained to us about the same planning process in October 2023, albeit about different matters.
7. We expect people to complain to us about something they believe a council has done wrong within 12 months of them becoming aware of the matters complained of. Any complaint made 12 months after someone knows about the complaint issues is late. Mr X knew about the planning matters complained of for several years before raising them with us. This is evidenced by the fact he complained to us previously. Therefore, I can see no good reason why Mr X did not complain to us sooner.
8. Mr X wants the Council to revoke the outline planning permission. Even if we investigated this late complaint, we could not achieve the outcome Mr X is seeking as we cannot order councils to revoke granted planning permissions.

Back to top

Final decision

9. We will not investigate Mr X’s complaint. This is because the complaint is late and it would have been reasonable for Mr X to have complained to us sooner. Even if we did investigate, we could not have achieved the outcome he wants.

Back to top

Investigator's decision on behalf of the Ombudsman