Gravesham Borough Council (21 000 354)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s 2014 Local Plan. This is because this is a late complaint and there are no good reasons for us to investigate it now.
The complaint
- Mr X complains the Council failed to carry out a review of its greenbelt policy when developing its Local Plan in 2013 and 2014.
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 the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X was aware of the Council’s Local Plan when it was adopted in September 2014. The Plan was examined by the Planning Inspector as part of the Local Plan process.
- This is a late complaint. The law does not allow us to investigate complaints where a person takes more than 12 months to complain to us about something a council has done. We have the power to disregard this restriction where there are good reasons. I can see no reason why Mr X could not have raised a complaint about this matter sooner.
Final decision
- We will not investigate Mr X’s complaint because it is a late complaint and there are not good reasons for us to investigate it now.
Investigator's decision on behalf of the Ombudsman