The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a planning enforcement matter. This is because the complaint is late and I have seen no good reasons to exercise our discretion to investigate it.
The complaint
The complainant, Mr X, complains the Council failed to take action to deal with several alleged breaches of planning control by neighbouring landowners. He is also concerned their actions have damaged his boundary hedge and a protected tree.
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 Mr X and the Ombudsman’s Assessment Code.
My assessment
The Council considered Mr X’s concerns in 2019 but decided to take no further action. Had Mr X been unhappy with its decision it would have been reasonable for him to complain to us within 12 months. He did not do so and his complaint is therefore late. The Council informed Mr X of his right to come to us when dealing with his complaint on three occasions and I have seen no good reasons to exercise our discretion to investigate it further now.
Any complaint about damage to Mr X’s property is a private civil matter between him and the person or people he considers are responsible for causing the damage, in any event.
Final decision
We will not investigate this complaint. This is because the complaint is late.
Investigator's decision on behalf of the Ombudsman