West Sussex County Council (19 006 185)

Category : Planning > Planning applications

Decision : Not upheld

Decision date : 23 Mar 2020

The Ombudsman's final decision:

Summary: Mr X complains about planning permission for a development which would increase HGV traffic. The Ombudsman will not investigate this complaint because the complaint is out of time.

The complaint

  1. Mr X complains about planning permission for a development which would increase HGV traffic.

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The Ombudsman’s role and powers

  1. 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 the complainant's and Council's comments. The complainant has commented on the draft decision.

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What I found

  1. Mr X says that an increase in the capacity size of a developer to increase waste processing has increased HGV traffic to an unacceptable level.
  2. The Council says that the increase was the result of a planning permission granted in 2015. The Planning Officer report concluded that the increase in traffic would be acceptable in planning terms.
  3. I consider that any complaint about the grant of planning permission in 2015 should have been made to this office within 12 months. I see no reason why such a complaint could not have been made within that time and so the complaint is out of time.

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Final decision

  1. The Ombudsman will not investigate this complaint because the matter is out of time.

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Investigator's decision on behalf of the Ombudsman

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