Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning application. This is because the complaint is late with no good reason to investigate now.

The complaint

1. Mr X complains the Council failed to consult with him and other neighbours before it decided to grant planning permission for a development near his home. He says the development impacts the light in his home.

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The Ombudsman’s role and powers

2. 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))
3. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

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

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My assessment

8. The Council granted planning permission for the development in January 2024. This makes Mr X’s complaint late. I have seen no good reason for the delay in complaining to us and therefore I will not investigate his complaint.
9. In any event, even if the complaint was not late, we would not investigate. The evidence I have seen shows the Council:
• notified Mr X and other neighbours of the planning application;
• carried out a site visit; and
• considered Mr X’s objection and the impact on neighbouring properties.
10. There is not enough evidence of fault in the Council’s handling of the planning application to justify us investigating.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman