The Ombudsman's final decision
Summary: We will not investigate X’s complaint that the Council failed to carry out appropriate assessment when approving a planning application. This is because the complaint is made late.
The complaint
X complains that the Council failed to carry out a vibration assessment prior to approving a planning application for the development where X lives. X says their property suffers from vibration and that the Council should now carry out an assessment.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate this complaint because it is made late. Planning approval was granted in 2017. X has lived in the property for several years and has raised other complaints about the planning process. I see no good reason why X could not have raised these new concerns sooner.
Final decision
We will not investigate X’s complaint because it is made late.
Investigator's decision on behalf of the Ombudsman