Cheshire East Council (24 017 319)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 17 Feb 2025
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
- Mr X has complained about how the Council dealt with his neighbour’s planning application. He says the case officer gave his neighbour incorrect advice regarding the location of the boundary with his property and the development encroaches on his land.
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)
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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 complained about how the Council dealt with his neighbour’s planning application and the advice the case officer provided. However, I consider Mr X’s complaint late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. The Council granted Mr X’s neighbour planning permission over two years ago. Mr X knew about the application at the time and raised his concerns about the boundary. I see no good reason to exercise discretion to investigate as Mr X could have complained to the Ombudsman sooner.
- Furthermore, even if I did consider Mr X’s complaint on time, my decision not to investigate would be the same. Mr X’s main concern is that the development encroaches on his property. However, it is not for the Council to get involved in land ownership disputes. Instead, this will be a private civil matter between Mr X and his neighbour.
Final decision
- We will not investigate Mr X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman