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

  1. 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.

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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 complains about a decision the Council made in January 2020, to grant planning permission for a house to be built close to his home.
  2. 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.

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Final decision

  1. 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.

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Investigator's decision on behalf of the Ombudsman

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