The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s approval of a planning application. The complaint is late and we have seen no reason why Mr X could not have contacted the Ombudsman much sooner.
The complaint
Mr X complains the Council failed to fully investigate the risks before approving a planning application which includes changes to nearby flood defences.
Mr X says his property is now at greater risk from flooding. He wants the Council to allow the developer to change the design of the flood void beneath the new property and to pay for the changes.
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 provider 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 Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint centres on flood protection to demolish a neighbouring property and build a new house. He says there is now an increased risk of flooding to his home. He says the Council failed to fully investigate the risk using local flood knowledge.
Mr X was notified of a planning application as well as other neighbours. However, the Council did not receive any objection to the proposal. A planning officer prepared a report on the scheme. The report considers flood risk and includes responses from the Council’s drainage officer and the Environment Agency, neither of whom raised objections. The Council granted planning permission in 2021. The Council also confirms it discharged the relevant conditions on the planning permission.
Final decision
We will not investigate Mr X’s complaint because he was aware of the application at the time. Planning permission was granted in 2021. The law says a complaint must be made to the Ombudsman within twelve months of becoming aware of the issue. The complaint is therefore late and there is no reason why Mr X could not have complained to us much sooner.
Investigator's decision on behalf of the Ombudsman