The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for a development. This is because this is a late complaint and there are no good reasons for us to investigate it now.
The complaint
Mrs X complains the Council has granted planning permission for a development which will have an adverse impact on local wildlife and habitats. Mrs X says the Council failed to consider this and officers put pressure on the planning committee to grant planning permission.
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 and information about the planning application on the Council’s website.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council granted planning permission for the development in May 2020. Mrs X was aware of this as she commented on the planning application at the time.
Mrs X did not complain to the Ombudsman until March 2022. Therefore this is a late complaint and we cannot investigate it.
We have the power to disregard this restriction where there are good reasons for doing so. However, I cannot see any reason why Mrs X could not have complained to the Ombudsman sooner if she was unhappy with the Council’s decision. Therefore we will not investigate this complaint.
Final decision
We will not investigate Mrs X’s complaint because it is a late complaint and there are no good reasons to investigate now.
Investigator's decision on behalf of the Ombudsman