Summary: We will not investigate Mr and Mrs X’s complaint that the Council did not act on their reports that a private developer constructed part of its development beyond the approved boundary and on to adjoining land. Mr and Mrs X’s complaint is late, and it was reasonable for them to have complained sooner.

The complaint

1. Mr and Mrs X complained to the Council that a private developer had built beyond the approved development boundary, encroaching onto an adjacent public right of way. Mr and Mrs X say the Council allowed the developer to build on part of the public right of way they regularly use.
2. Mr and Mrs X want the developer to remove the obstruction from the public right of way and comply with the approved development boundary.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr and Mrs X previously complained to us in 2023 about the way in which the Council reached its planning decision for the same piece of land referred to in this complaint. Our investigation findings in 2023 directed the Council to provide clarification to Mr and Mrs X about the ownership of the piece of land adjoining the development, which Mr and Mrs X are now complaining about.
8. Mr and Mrs X later contacted Council officers in 2024 about building works and raised concerns the developer was constructing part of the development on adjacent land that forms part of the adopted highway.
9. In March 2025, Mr and Mrs X put in a further formal complaint to the Council regarding its handling of concerns about the impact of the development on the adjacent adopted highway.
10. Mr and Mrs X received their final complaint response from the Council in August 2025 and then complained to us in May 2026.
11. We will not investigate Mr and Mrs X’s complaint. Mr and Mrs X were aware of the issue complained about in 2024 and people should normally complain to us within 12 months of becoming aware of the problem. Mr and Mrs X’s complaint is therefore late. We cannot investigate late complaints unless we decide there are good reasons. I do not consider that to be the case.

Back to top

Final decision

12. We will not investigate Mr and Mrs X’s complaint because it is late, and it was reasonable for Mr and Mrs X to complain sooner.

Back to top

Investigator's decision on behalf of the Ombudsman