The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s failure to consult him about his neighbour’s planning application. This is because the complaint is late and I have seen no good reasons to exercise our discretion to investigate it.
The complaint
The complainant, Mr X, complains the Council failed to consult him about his neighbour’s application for prior approval for an extension to their property. He says the extension is overbearing and blocks light to his property. He also says it has reduced the value of his property.
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 Mr X and the Ombudsman’s Assessment Code.
My assessment
The Council decided Mr X’s neighbour’s application in 2015 and while Mr X says he was not consulted on it, he complained about this to the Council at the time. He has also provided copies of his correspondence which confirms he was aware of his right to refer the matter to the Ombudsman but he did not do so until January 2022. His complaint is therefore some six years late and I have seen no good reasons for the delay in bringing the matter to us.
Final decision
We will not investigate this complaint. This is because it is late and I have seen no good reasons to exercise our discretion to investigate it.
Investigator's decision on behalf of the Ombudsman