The Ombudsman's final decision
Summary: We will not investigate this complaint about the grant of planning permission as the complaint is out of time.
The complaint
Mr X complains about the way the Council considered a planning application from a neighbour which has caused him a loss of privacy and damage to his property.
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) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s neighbour obtained planning permission for a two storey extension in 2018. Mr X complained about the effect upon him in 2020 and the Council replied in November 2020. Mr X says he complained to this office in June 2021 but we have no record of this. We would expect Mr X to have contacted us shortly after this if he believed that we had not received the complaint.
I am satisfied that a complaint about planning permission could reasonably have been made within 12 months of the grant of planning permission in 2018. The complaint is therefore out of jurisdiction. Mr X says that he has suffered damage from the way the neighbour has built the extension. There is a legal remedy available through the courts for any damage caused by a neighbour to Mr X’s property.
Final decision
We will not investigate Mr X’s complaint because it is out of time.
Investigator's decision on behalf of the Ombudsman