Summary: We will not investigate this complaint about how the Council has dealt with planning and other issues on land owned by Mrs X. This is because the majority of the complaint is late. We will not investigate how the Council dealt with an allegation of a blocked footpath as this has not caused Mrs X an injustice. There was also no fault in the way the Council dealt with Mrs X’s enforcement complaint. We will also not investigate Mrs X’s complaint about how the Council dealt with building work on her land as this matter is best resolved through the planning process.

The complaint

1. Mrs X complains about a number of planning matters relating to her home and business premises. She says the Council treats her family and business differently to other people in the area.
2. Mrs X says the Council’s actions have caused her and her family significant distress.

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint,

• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6))

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 can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
6. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:
• delay – usually over eight weeks – by an authority in deciding an application for planning permission
• a decision to refuse planning permission
• conditions placed on planning permission
• a planning enforcement notice.
7. 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 done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

8. I considered information provided by the complainant.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Mrs X raises issues which date back over 20 years and relate to her home and business premises. These are in different parts of the Council’s area.
11. Mrs X did not complain to the Ombudsman until January 2022. Therefore we cannot investigate matters which occurred before January 2021 as these are late complaints.
12. We have the power to disregard this restriction if there are good reasons for doing so. However, I can see no reason why Mrs X could not have raised these issues sooner if she was unhappy with the Council’s actions. Therefore we will not investigate how the Council dealt with matters which occurred before January 2021.
13. Mrs X says the Council contacted her in Autumn 2021 to say she her business had blocked a public footpath. However when Mrs X contacted the Council again it said the matter had been resolved but she was not given details of the Council’s concerns. The Council has not taken any formal action against Mrs X and the matter was resolved quickly. Therefore Mrs X has not been caused an injustice as a result of the Council’s actions and we will not investigate this complaint.
14. In Autumn 2021 Mrs X complained to the Council about a sign put up on a neighbouring property which was causing difficulties for delivery drivers trying to find her business. The Council investigated and asked for the sign to be taken down. The sign was removed within 6 weeks. Planning enforcement can take time as the Council has to follow a specific legal process involving the service of notices which come with various appeal rights. Therefore, it is unlikely we would find fault with the Council’s actions in dealing with this matter as the matter was resolved quickly.
15. Mrs X says the Council has told her that she may need planning permission for work being carried out to a building which forms part of land owned by her business. Mrs X says the building has always been used for the purpose it is intended for and the Council should have researched this before visiting the site.
16. The Council is entitled to investigate possible breaches of planning control in its area. This will involve carrying out site visits and speaking to landowners.
17. If a person disagrees with the Council’s view that development being carried out may require planning permission, they have two options:
• Continue with any development and contest any enforcement notices served by the Council with the Planning Inspector.
• Apply for a Certificate of Lawful use and Development and provide evidence to show the development and/or use does not require planning permission. If the Council refuses to grant a certificate the applicant can appeal to the Planning Inspector.
18. We will not investigate this complaint as Mrs X has avenues she could pursue to demonstrate that the development on her land is lawful. Any disagreement with the Council regarding this should be dealt with through the proper planning process rather than the Ombudsman.

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Final decision

19. We will not investigate Mrs X’s complaint because the majority of the complaint is late. We will not investigate how the Council dealt with an allegation of a blocked footpath as this has not caused Mrs X an injustice. There was also no fault in the way the Council dealt with Mrs X’s enforcement complaint.
20. We will also not investigate Mrs X’s complaint about how the Council dealt with building work on her land as this matter is best resolved through the planning process.

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Investigator's decision on behalf of the Ombudsman