North Lincolnshire Council (21 000 057)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 06 Sep 2021
The Ombudsman's final decision:
Summary: Mr X complains about the way the Council considered a planning application for a development near him. We will not investigate this complaint because the matter is out of time.
The complaint
- Mr X complains about the way the Council considered a planning application for a development near him.
The Ombudsman’s role and powers
- 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.
- I have considered Mr X’s comments on the draft decision.
My assessment
- Mr X says that a planning permission granted in 2018 for a development of houses should not have been granted as the Council had previously approved the site for bungalows.
- I see no reason why a complaint about this matter could not have been made to this office within 12 months of the matter arising. The complaint is therefore out of time.
- A further planning permission was granted for a variation of the development on the site in 2019. This decision is also out of time.
- The Council says that the planning application was publicised by site notices although Mr X says he did not see these.
- I note that the later planning application altered the house designs of those previously approved. The Planning Officer noted that the position of the new houses and their height was the same as previously approved and the distance between the nearest house and Mr X’s house remained the same.
- Whilst there is no evidence that a site notice was not placed, I am not persuaded that the decision to grant planning permission would have been different had Mr X objected. The new house is the same distance as previously approved (which was considered acceptable) and there are no overlooking windows.
Final decision
- I do not intend to investigate this complaint because the matter is out of time.
Investigator's decision on behalf of the Ombudsman