Summary: We will not investigate this complaint about the Council’s failure to consider its Public Sector Equality Duty and issue an Equality Impact Assessment in relation to granting outline planning permission for a site close to Mrs X’s home. The complaint is made too late and we have seen no reason why Mrs X could not have contacted us much sooner.

The complaint

1. Mrs X complains the Council failed to consider its Public Sector Equality Duty (PSED) and provide an Equality Impact Assessment (EIA) before granting outline planning permission for new housing on a site next to 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)

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How I considered this complaint

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

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My assessment

6. Mrs X complains the Council failed to consider the PSED or produce an EIA before granting planning permission for new houses close to her home. She says the construction phase of the new development will have a negative impact on her disabled adult child. She is also concerned about the impact of the new houses when built.
7. In response to my enquiries, Mrs X confirms she became aware of the Council’s decision to grant planning permission three years ago.
8. The law says a complaint must be made to the Ombudsman within twelve months of the person becoming aware of the matter being complained about. Therefore her complaint is late.
9. I have considered whether there is a good reason to exercise discretion and investigate this late complaint.
10. Planning laws controls the design, location and appearance of development and its impact on public amenity. Planning controls are not designed to protect private rights or interests.
11. The Council does not need to anticipate every individual need. So the fact this development impacts on Mrs X’s child because of her protected characteristic does not mean the Council has failed to give due regard to its duties under the Equality Act. The Council publicised the planning application and Mrs X was able to make representations on the proposal. The Council also visited Mrs X at home. I understand it offered daycare during construction phase to mitigate the impact on her child. It also discussed the possibility of rotating the closest new houses to reduce overlooking. This will be considered as part of the reserved matters application which is being considered.

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Final decision

12. We will not investigate Mrs X’s complaint because it is late and I have seen no reason to investigate the Council’s actions before granting outline planning permission three years ago. It is reasonable to expect Mrs X to have complained to us much sooner.

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Investigator's decision on behalf of the Ombudsman