The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with planning applications for development next to the complainant’s home. Part of the complaint is late. The remainder does not meet the tests in our Assessment Code on how we decided which complaints to investigate.
The complaint
In summary, the complainant, who I refer to as Mr Y, has complained about how the Council dealt with: an application for development next to his home (Application A); and an application (Application B) to amend conditions to the planning consent granted under Application A.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr Y and the Council. I also considered our Assessment Code.
My assessment
Application A The Council granted planning consent for development under this application in September 2019. I am satisfied Mr Y was aware of the application at the time. His complaint is late and I have seen no reason to exercise discretion to investigate his complaint about this now.
Application B The applicant withdrew this application so the Council made no decision on it. I do not consider any fault there may have been by the Council can have caused Mr Y injustice that would warrant our involvement. Further, we could not achieve any worthwhile outcome for Mr Y.
Final decision
We will not investigate Mr Y’s complaint for the reasons given in paragraphs 6 and 7.
Investigator's decision on behalf of the Ombudsman