The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complaint is late.
The complaint
Mr X has complained about how the Council dealt with a breach of planning control. He says his neighbour’s extension has not been built in line with the approved plans. Mr X says the building is closer to his home than it should be and is impacting 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 Council.
I considered the Ombudsman’s Assessment Code.
My assessment
A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mr X has known about the potential planning breach since at least 2022. I see no good reason to exercise discretion to investigate now as Mr X could have complained to the Ombudsman about the matter sooner.
Final decision
We will not investigate Mr X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman