Medway Council (21 007 646)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 20 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with a planning application for a development close to the complainants home. This is because the events happened too long ago and I see no reason why the matter could not have been brought to our attention sooner.
The complaint
- The complainant, who I will call Mr X, complains about the Council’s decision to grant planning permission for a development close to his home.
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 complains about a decision the Council made in January 2020, to grant planning permission for a house to be built close to his home.
- I will not investigate Mr X’s complaint. This is because the matters he raised happened too long ago. In March 2020, the Council told Mr X how he could contact the Ombudsman if he remained dissatisfied with how it had dealt with his complaint. However, he did not do so until August 2021. I see no reason why he could not have brought his complaint to us sooner.
Final decision
- I will not investigate Mr X’s complaint because the events happened too long ago and I see no reason why he could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman