The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complaint is late.
The complaint
Ms X has complained about how the Council dealt with a planning application and an application to vary a planning condition for a development near her home. Ms X says the Council failed to properly consult residents about the development and the decision to grant planning permission was based on inaccurate information. Ms X says the development has a significant impact on her home.
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 and the Ombudsman’s Assessment Code.
My assessment
Ms X has raised many concerns about the Council’s decision to grant planning permission for the development. However, I consider Ms X’s complaint about how the Council dealt with the planning application and the application to vary the planning conditions late and I see no good reason to investigate as Ms X could have complained to the Ombudsman sooner.
A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. It has been a few years since the Council granted permission for the development. I understand Ms X says she was not notified about the proposals. However, she was still aware of the development and commented on both applications before permission was granted.
Ms X says she planned to complain to the Ombudsman sooner but was unable to do so for health reasons. However, as it has been some time since the applications were approved, I consider the complaint would still have been late had Ms X contacted the Ombudsman earlier this year as she had intended.
Final decision
We will not investigate Ms X’s complaint because her complaint is late.
Investigator's decision on behalf of the Ombudsman