The Ombudsman's final decision
Summary: We will not investigate this complaint about planning permissions granted more than 30 years ago. The complaint is made too late and we cannot achieve the outcome the complainant is seeking.
The complaint
Mr X complains the Council incorrectly granted planning permission for a development more than 30 years ago. He says, because of the Council’s decision, his property now floods.
He says this has devalued his property and wants the Council to buy it from him at what he says is the true market value.
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 complains about historical planning permission granted more than 30 years ago. As he has been aware of these matters for more than 12 months, the restriction outlined at paragraph four applied. We have seen no reason why Mr X could not have approached us much sooner.
Final decision
We will not investigate Mr X’s complaint because: Part of his complaint is late and we have seen no reason why he could not have approached us much sooner.
We cannot require the Council to purchase Mr X’s home, therefore we cannot achieve the outcome he is seeking.
Investigator's decision on behalf of the Ombudsman