The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against a breach of planning control. The complaint is late and we have seen no reason why the complainant could not have come to us much sooner.
The complaint
Mrs X complains the Council has failed to take enforcement action against a breach of planning control at a site close to her home.
She wants the Council to require all structures on the site which breach planning control to be removed.
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 Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says the breaches of planning control have been ongoing from more than five years. She first complained to the Council in 2023. Mrs X complained to the Ombumdsman in 2025.
The law says a complaint must be made to the Ombudsman within 12 months of the complainant becoming aware of the matter. Mrs X has been in contact with the Council for some years before complaining to us. Therefore this complaint is late and we have seen no reason why Mrs X could not have made it much sooner.
Final decision
We will not investigate Mrs X’s complaint because it is made too late and we have seen no reason to exercise discretion on the matter.
Investigator's decision on behalf of the Ombudsman