The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decisions to approve a planning application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is late and we have seen no reason to exercise discretion and investigate the issues raised now.
The complaint
Mr X complains: the Council failed to investigate the legal issues he raised the planning application form contained errors.
the Council has refused to accept any evidence contrary to its opinion; and what is built is in breach of planning control
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 Mr X including the Council’s response and information on the Council’s website.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because it is made too late. The Council granted planning permission in 2017 and its final response to his complaint is dated 2019. We have seen no reason why Mr X could not have approached the Ombudsman much sooner.
Investigator's decision on behalf of the Ombudsman