The Ombudsman's final decision
Summary: We will not investigate this complaint about breaches of a planning condition at a site near her home. The complaint is made too late and we have seen no reason why Ms X could not have contacted us much sooner.
The complaint
Ms X complains the Council has failed to investigate or take action against breaches of a planning condition at a property in her village. She says the Council has: Ignored complaints and evidence of mismanagement and associated nuisance/pollution.
Issued a misleading response in 2024; and Refused to inspect or enforce breaches of the planning condition.
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 Ms X.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complains the Council has failed to investigate reports of breaches of a planning condition for the management of animal waste at a property in her village.
The law says a complaint must be made to the Ombudsman within 12 months of becoming aware of the problem. This is not when they first made their complaint or when the Council responded.
Ms X provided a copy of the report to the Council and its response which is dated April 2024. The Council clearly states it is satisfied there is no breach of planning control on the site.
Ms X has been aware of the issue since before 2024. Her complaint is therefore late.
Final decision
We will not investigate Ms X’s complaint because it is made too late and we have seen no reason why she could not have complained to us much sooner.
Investigator's decision on behalf of the Ombudsman