Summary: We will not investigate this complaint about the Council’s consideration of a boundary when reaching a planning decision. This is because it is late and Mrs X could take the matter to court.

The complaint

1. Mrs X complains that, because of the Council’s planning failures, a development has been built partly within her freehold.
2. Mrs X says the Crown has since confirmed the applicant does not own the land. She says she has incurred survey and legal costs and has had to purchase the freehold of the access road.
3. Mrs X says, if the Council granted permission based on incorrect information, it should review the decision and consider enforcement action. She says it should compensate her for survey and legal costs, time spent and distress and ongoing uncertainty caused by its alleged failures.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
6. 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

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mrs X knew the Council had granted planning permission more than 12 months ago. If Mrs X was unhappy with how the Council reached its decision, she could have complained to the Ombudsman sooner.
10. Even if I agreed that the complaint was on time, my decision not to investigate would be the same. It is not for the Council to get involved in land ownership disputes. It is also the responsibility of the applicant to submit the correct ownership certificate with their application and the Council has explained why it was satisfied it had enough information about the ownership of the site. If Mrs X wished to pursue the boundary dispute, she could take the matter to court. The courts are also better placed to consider any claim for survey costs, legal costs or other losses arising from the dispute.
11. The law says we cannot normally investigate a complaint when someone could take the matter to court and I consider it would be reasonable for Mrs X to do so.

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Final decision

12. We will not investigate Mrs X’s complaint because it is late and Mrs X could take the matter to court.

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Investigator's decision on behalf of the Ombudsman