The Ombudsman's final decision
Summary: Mr and Mrs X complained about how the Council granted permission for a planning application in 2021. We will not investigate their complaint because it is late with no good reason to exercise discretion to investigate it now.
The complaint
Mr and Mrs X complained the Council wrongly granted planning permission in 2021 for a development next to their home.
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 evidence provided by Mr and Mrs X and the Council as well as relevant law, policy and guidance.
Mr and Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
What I found
The amount of information provided by Mr and Mrs X was considerable. In this decision, I have not referred to every element of that information, but I have not ignored its significance.
In 2021 Mr and Mrs X first objected to a planning application for a development next to their home. The Council granted planning permission the same year.
By June 2023 Mr and Mrs X were aware the Council had not followed good practice when it considered loss of natural light in 2021. Mr and Mrs X and a representative raised the matter with the Council.
In 2024 Mr and Mrs X complained through the Council’s formal complaints procedure. They made a first complaint in May. The Council responded later that month. They escalated their complaint in June. The Council provided a final response in July. It told Mr and Mrs X they could complain to the Ombudsman if they were unhappy with the outcome.
An agent representing Mr and Mrs X submitted a complaint to us in November 2024.
Analysis The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a Council has done are considered late. We cannot investigate late complaints unless there are good reasons.
Mr and Mrs X were aware the Council had granted the permission in 2021. They were aware of some the issues they complained to us about at that time. They were aware the Council had not seemed to properly consider the loss of natural light by June 2023.
Mr and Mrs X were aware of all matters more than 12 months before their complaint was made to us in November 2024. Their complaint is therefore late.
I have carefully considered the reasons given for the time it took for Mr and Mrs X’s complaint to be made to us. I have seen no good reason why Mr and Mrs X did not bring the complaint to us within 12 months of knowing about the matters. Therefore we will not investigate.
Decision We will not investigate Mr and Mrs’s X’s complaint because it is late and there is no good reason to exercise discretion to investigate it now.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman