Gravesham Borough Council (21 000 354)

Category : Planning > Other

Decision : Closed after initial enquiries

Decision date : 21 Jan 2022

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

  1. Mr X complains the Council failed to carry out a review of its greenbelt policy when developing its Local Plan in 2013 and 2014.

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The Ombudsman’s role and powers

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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. 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.
  2. 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.

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Final decision

  1. 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.

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Investigator's decision on behalf of the Ombudsman

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