Summary: We will not investigate this complaint about a planning application and possible breaches of planning control. This is because part of the complaint is late and there are no good reasons to exercise discretion to investigate it now. There is also not enough evidence of fault to justify investigating. It is not yet possible to say if Mr X has suffered significant injustice because of any fault with the Council’s ongoing enforcement investigation.

The complaint

1. Mr X complains the Council approved a neighbour’s planning application for a development built without permission from a third-party who own the land. He says the Council failed to check who owned the land before giving approval. He complains the development affects access to his property causing practical difficulties and stress to his family. Mr X wants the Council to issue an apology and admit it mishandled the planning application because it did not check landownership. He also wants the Council to consider enforcement action and remove the extension built.

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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. 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, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. We consider whether there was fault in the way an organisation made its decision. 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)

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How I considered this complaint

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

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My assessment

8. We will not investigate Mr X’s complaint because it is late. Mr X became aware of the issue when his neighbour’s planning application was approved more than a year ago. We expect a person to complain to us within 12 months of being aware of a matter. Therefore, this complaint is late, and I see no good reason why he could not have complained sooner.
9. Even if it was not late, we would not investigate. It is the responsibility of the applicant to submit the correct ownership certificate with their planning application. The Council explained to Mr X, his neighbour submitted a certificate of ownership. During the approval process it queried ownership with the neighbour. The Council carried out some checks but found no evidence contrary to the neighbour’s claim to the land. Therefore, it is unlikely we would find fault.
10. Mr X complained about the installation of a dropped kerb and fly-tipping. The Council explained to Mr X an officer attended the site and found no evidence of fly-tipping. The location of the dropped kerb was on an unadopted highway and land it does not own. It explained issues related to the dropped kerb and road surface are not enforceable under the Highways Act or planning legislation. As the Council properly considered these issues before deciding further action was not necessary it is unlikely we would find fault.
11. The Council explained to Mr X it had opened a planning enforcement investigation into an unauthorised extension at the site. Planning enforcement action is discretionary. Councils may decide the nature of a breach is not enough to warrant enforcement action. We cannot say the Council should take a particular view about a breach if it has acted properly by considering it. The Council has confirmed its enforcement investigation is ongoing. It is not possible to say Mr X has suffered any significant injustice because of any alleged fault in the planning enforcement investigation until its conclusion. The Council may still decide formal enforcement action is not needed. If Mr X is not happy once the enforcement case has concluded, he can raise a new complaint to the Council.

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Final decision

12. We will not investigate Mr X’s complaint because part of the complaint is late and there are no good reasons to exercise discretion to investigate it now. There is also not enough evidence of fault to justify investigating. It is not yet possible to say if Mr X has suffered significant injustice because of any fault with the Council’s ongoing enforcement investigation.

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Investigator's decision on behalf of the Ombudsman