Summary: We will not investigate this complaint about the Council’s decision to approve a planning application for a site near Mrs X’s home. The complaint about the decision to approve the planning application in 2024 is made too late and we have seen no reason why Mrs X could not have complained to us sooner. Also, concerns about planning applications decided in 2026 are premature. The Council should be allowed to respond to these concerns before the Ombudsman can consider them.

The complaint

1. Mrs X complains about the way the Council considered planning applications for a site near her home.

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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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

5. I considered information provided by and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X knew about the planning application in 2024. Mrs X was aware of the Council’s decision to approve the application. She issued a pre action protocol against the Council in 2024, and the Council responded in December 2024.
8. The Council planning committee voted to approve the application in November 2024. However, she did not complain to us until January 2026. Her complaint is therefore late, and I have seen no reason to exercise discretion to consider it now.
9. Mrs X also complains about applications to vary planning conditions and the description of application.
10. The Council decided the applications to vary planning conditions and to change the description of the development after Mrs X complained to the Ombudsman. These concerns have not been considered by the Council and are therefore premature. As outlined in paragraph four, the law says we cannot investigate a complaint where the organisation has not had an opportunity to investigate and reply.
11. It is for Mrs X to raise these concerns with the Council. If she remains dissatisfied with the Council’s response she can make a new complaint to us.

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Final decision

12. We will not investigate Mrs X’s complaint because her complaint about the planning permission granted in 2024 are late. The rest of her complaint is premature.

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Investigator's decision on behalf of the Ombudsman