The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to grant planning permission to allow a change of use for a building near the complainants home. This is because the events happened too long ago, and I see no good reason to exercise discretion and investigate them now.
The complaint
The complainant, who I will call Miss C, complains about the Council’s decision to grant planning permission to allow a change of use for a building from business use to ‘Sui Generis’ which is a Latin term meaning ‘in a class of its own’ and is a class used for certain businesses including nightclubs and drinking establishments. Miss C says the Council failed to properly consider the application when granting approval in 2019.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Miss X’s complaint. This is because the planning application was considered and approved in 2019. I see no reason why a complaint could not have been raised with the Council and then the Ombudsman sooner. The complaint is therefore late and I see no good reason to exercise discretion and investigate it now.
Final decision
We will not investigate Miss C’s complaint because the events happened too long ago and I see no good reason to exercise discretion and investigate them now.
Investigator's decision on behalf of the Ombudsman