The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of two planning applications determined over ten years ago with which Mr X is concerned. This is because the complaint is a late complaint and so falls outside our jurisdiction.
The complaint
Mr X complains the Council was complicit in unlawfully granting planning permission for two related planning applications over 10 years ago which had a major impact on his home and business.
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 the Council, including its response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
The restriction highlighted at paragraph 3 applies to Mr X’s complaint. The planning applications with which he is concerned were determined by the Council over 10 years ago. He has had information which he considers supports his complaint for a number of years and as we would reasonably have expected him to have complained to us sooner, the complaint falls outside our jurisdiction and will not be investigated. That he more recently, in 2022, obtained further evidence in relation to his case does not bring the complaint back within our jurisdiction.
Final decision
We will not investigate Mr X’s complaint because the complaint is a late complaint and so falls outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman