The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for a site next to the complainant’s home. 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 on this point.
The complaint
Mr X complains the Council ignored warnings about the safety of his property when it granted planning permission for a development on the adjacent site.
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 Mr X and the Council.
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 confirms planning permission was granted in 2022 and it has written to Mr X several times from 2022 onwards about this matter. Therefore Mr X has been aware of the matter for more than twelve months and his complaint is therefore late. As he has been in contact with the Council for more than two years, I see no reason why he could not have complained to use much sooner.
Investigator's decision on behalf of the Ombudsman