The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a planning application and an application for prior approval. We will also not investigate the complainant’s concerns about how the Council dealt with possible breaches of planning control. This is because parts of the complaint are late. It is unlikely we will find fault in relation to the remaining issues complained about.
The complaint
The complainant, whom I shall refer to as Mr X, has complained about the Council’s decision to grant his neighbour’s planning application and their application for prior approval. He has also complained about how the Council has dealt with possible breaches of planning control. Mr X says his living environment has been affected and the development blocks light to his home. Mr X says he has been caused significant stress by the matter.
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 provider has done. (Local Government Act 1974, sections 26B and 34D, as amended) The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has complained about the Council’s decisions to grant his neighbour’s applications and how it dealt with possible planning breaches. But the Council approved the applications some time ago and it has been many years since the Council’s enforcement investigations. Therefore, I consider Mr X’s complaints about these matters late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. I see no good reason to exercise discretion to investigate these matters. Mr X knew about the applications and the outcome of the enforcement investigations at the time and could have complained to the Ombudsman about these issues sooner.
Mr X did also contact the Council more recently to report possible breaches of planning control and is unhappy with the Council’s decision not to take further action.
Planning authorities can take enforcement action where there has been a breach of planning control. It is for the council to decide if there has been a breach of planning control and if it is expedient to take further action.
In this case, the Council looked into Mr X’s concerns and visited the site. However, it decided there had not been a breach of planning control and it did not have any grounds on which to take enforcement action. I understand Mr X disagrees. But the Council was entitled to use its professional judgement in this regard. As the Council properly considered if it was necessary to take enforcement action, it is unlikely I could find fault.
Final decision
We will not investigate Mr X’s complaint because some of the issues he has complained about are late. It is unlikely we would find fault in relation to the remaining issues complained about.
Investigator's decision on behalf of the Ombudsman