Summary: We will not investigate this complaint about the Council’s decision relating to planning permission it granted, or a decision on whether it would adopt a private road. A complaint about planning permission is late and there are no good reasons to consider it now. Additionally, it would be reasonable to allow the Council to conclude a complaint about whether it would adopt a road.

The complaint

1. X complained about the Council’s decision to grant planning permission for a building on their road. X said because their road was a private unadopted road, the residents should not have to pay for road maintenance. X also complained the Council had not resolved their request to consider adopting their road.

Back to top

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. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
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. In 2015, the Council granted planning permission for a building on X’s road. In 2018, X raised their concerns with the Council about this decision and the impact on their road. After a pause because of the Covid-19 pandemic, X raised the issues again and, in mid-2023, the Council responded to X’s complaint at stage one of its complaint handling procedures. X raised their complaint to us, after this point, in May 2026.
8. I acknowledge that X was periodically in discussions with the Council after its stage one reply in 2023, however a complaint about the initial decision to grant planning permission is now a late complaint. And because there are no good reasons why X could not have come back to us in good time, after they knew the Council’s position on this matter, I will not investigate this part of their complaint.
9. A substantive part of X’s complaint, relates to whether the Council will adopt their road. The evidence I have seen indicates, in late 2024, it was considering whether it needed to make a Traffic Regulation Order (TRO).
10. In June 2026, the Council told us it was still in discussion with X about their concerns and had not concluded its complaint handling procedures at stage two. Noting the law I have highlighted at paragraph three, it would be appropriate for X to raise their concerns about a decision relating to a TRO and allow the Council an opportunity to consider it and reply.
11. It is then open to X to make a new complaint to us about this decision if they remain unhappy.

Back to top

Final decision

12. We will not investigate X’s complaint. This is because part of it is late and of the other part, it would be reasonable to allow the Council to investigate and reply.

Back to top

Investigator's decision on behalf of the Ombudsman