The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her 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, Mrs X, complains the Council failed to properly consider the impact of her neighbour’s proposed development on her property. She is particularly concerned about the size and height of the development which she says blocks light to her solar panels.
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
The Council granted planning permission for Mrs X’s neighbour’s development in mid-2020 but Mrs X did not complain to the Council about it until more than a year later. She then referred the complaint to us in January 2022, a further six months after she first raised the matter. Her complaint is therefore late.
I have seen no good reasons for Mrs X’s delay in bringing the complaint to us and I have therefore decided not to exercise our discretion to investigate it. I also consider it would be difficult for us to get to the bottom of how the planning officer considered the impact of the proposal and exactly what they knew about Mrs X’s solar panels when recommending approval, more than 18 months after the event.
Final decision
We will not investigate this complaint. This is because it is late and I have seen no good reasons for the delay in bringing the matter to us.
Investigator's decision on behalf of the Ombudsman