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

1. Mr X has complained about how the Council had dealt with a breach of planning control. He says his neighbour has partially demolished a listed boundary wall and failed to reinstate it.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We usually expect people to complain to us within 12 months of the events they are complaining about. Mr X’s neighbour removed part of the boundary wall in 2021. Mr X has therefore been aware of this issue for a number of years. I see no good reason to exercise discretion to investigate now as Mr X could have complained to the Ombudsman about the matter sooner.

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Final decision

7. We will not investigate Mr X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman