Dartford Borough Council (21 003 509)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 22 Jul 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to include a certain piece of land in it’s Core Strategy as it is a late complaint. This is because the decision to include the land within the Strategy was made in 2011. There is also no evidence of fault in the Council allowing people to submit planning applications for the site.
The complaint
- Mr X complains the Council has said land in the area where he lives is suitable for development in its Core Strategy. Mr X says the local area cannot cope with further development.
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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The land was included for development as part of the Council’s Core Strategy in 2011. If Mr X and other residents were unhappy that the land had been included they could have complained at the time. Therefore, this is a late complaint and we cannot investigate it.
- We have discretion to set aside this restriction where we decide there are good reasons. In this case I have decided not to exercise discretion because it is reasonable to expect Mr X to have complained to us about the Council’s Core Strategy sooner.
- Mr X says local people feel stressed by continued planning applications being made on the site. The Council cannot stop people from submitting planning applications and must consider each proposal based on its own circumstances. Therefore, there is no evidence of fault by the Council.
Final decision
- We will not investigate Mr X’s complaint about the Council’s Core Strategy because it is a late complaint.
- We will not investigate Mr X’s complaint about the submission of planning applications for the site as there is no evidence of fault by he Council.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman