The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about water run-off from a housing development. It was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.
The complaint
Mrs X complained about the Council’s failure to take sufficient action over water run-off from a housing development which received planning approval in 2015. She says she has been complaining to the Council since 2018 but the matter remains unresolved.
The Ombudsman’s role and powers
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 the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X objected to plans which were submitted for a housing development on higher land than her own property in 2015 when the planning notices were advertised. In 2017 the land was developed for housing and the following year she says her garden began to be swamped by run-off which she says is due to the development.
She complained to the Council at the time, and it informed her that the drainage condition on the plans had been discharged following completion to the approved design. This was endorsed by the water authority which was a statutory consultee in the planning process. The Council opened an enforcement file, but this was closed in 2018 because there was no breach of planning control.
Mrs X has continued to complain, and the Council has advised her that it cannot take further action over the development. It advised her that she would need to consider a legal remedy against the developer because it is a civil matter between two private parties.
We will not normally investigate complaints about matters which the person affected has been aware of for more than 12 months before complaining to us. This restriction applies to Mrs X’s complaint and there is no evidence to suggest that Mrs X could not have complained to us sooner.
Final decision
We will not exercise discretion to investigate this complaint about water run-off from a housing development. It was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman