Epping Forest District Council (24 012 774)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 14 Nov 2024
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 is also unhappy with how the Council has dealt with his complaint.
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
- Mr X has raised many concerns about the Council’s enforcement investigation. However, I consider his concerns about how the Council dealt with the planning breach late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mr X says the Council incorrectly said there had not been a planning breach. However, it has been over three years since the Council initially said it would not take enforcement action. It has also been more than 12 months since the Council issued an enforcement notice and closed its enforcement case.
- I understand Mr X has been in ongoing correspondence with the Council and said the Council made it difficult for him to make a complaint. But Mr X has known about the issues he has complained about for some time. He was also aware of his right to complain to the Ombudsman. I see no good reason to exercise discretion to investigate as Mr X could have complained to the Ombudsman sooner.
- Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.
Final decision
- We will not investigate Mr X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman