Birmingham City Council (25 027 053)

Category : Planning > Planning applications

Decision : Closed after initial enquiries

Decision date : 17 Aug 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council approving a planning application for a site next to the complainant, and its decision on the subsequent planning enforcement case. The complaint is late and it is reasonable to expect the complainant to have contacted us sooner.

The complaint

  1. Mr X complains about the Council granting planning permission for building works at a property next to his home, and that it did not take planning enforcement action when the works were not implemented in accordance with the approved plans.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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)

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How I considered this complaint

  1. I considered:
    • information provided by Mr X and the Council.
    • information about the planning application, as available on the Council’s website.
    • the Ombudsman’s Assessment Code.

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My assessment

  1. The 12-month time restriction detailed in paragraph 3 above appears to apply to Mr X’s complaint. This is because the planning application was approved in mid‑2022, and the subsequent enforcement case was closed in early-2024, yet Mr X did not contact the Ombudsman until February 2026. I see no reasons to exercise discretion to investigate this late complaint now.

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Final decision

  1. We will not investigate Mr X’s complaint because it is reasonable to expect him to have contacted us sooner.

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Investigator's decision on behalf of the Ombudsman

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