The Ombudsman's final decision
Summary: We will not exercise discretion investigate this complaint about the Council’s discharge of planning conditions for drainage of a neighbouring development in 2020. The complaint 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 discharging pre-commencement planning conditions for a neighbour’s development without ensuring that drainage issues affecting her property were addressed. As a result, she says the development has been completed and occupied without adequate drainage and this affects her garden due to a high water table.
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/care provider 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
Mrs X says conditions relating to drainage for a development at a neighbouring property were discharged in 2020 without securing a suitable drainage solution. She raised her concerns at the time and initially the Council opened an enforcement case. However, after seeking advice from a drainage consultant the Council discharged the conditions and the development took place.
Mrs X complained to the Council and she told it in January 2020 that if it did not provide a satisfactory response she would company to the Ombudsman and the Information Commissioner. She did not complain to us until May 2022 which is outside the 12-month limit for accepting complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.
Final decision
We will not exercise discretion investigate this complaint about the Council’s discharge of planning conditions for drainage of a neighbouring development in 2020. The complaint 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