London Borough of Hackney (21 016 496)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 07 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to grant planning permission to allow a change of use for a building near the complainants home. This is because the events happened too long ago, and I see no good reason to exercise discretion and investigate them now.
The complaint
- The complainant, who I will call Miss C, complains about the Council’s decision to grant planning permission to allow a change of use for a building from business use to ‘Sui Generis’ which is a Latin term meaning ‘in a class of its own’ and is a class used for certain businesses including nightclubs and drinking establishments. Miss C says the Council failed to properly consider the application when granting approval in 2019.
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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I will not investigate Miss X’s complaint. This is because the planning application was considered and approved in 2019. I see no reason why a complaint could not have been raised with the Council and then the Ombudsman sooner. The complaint is therefore late and I see no good reason to exercise discretion and investigate it now.
Final decision
- We will not investigate Miss C’s complaint because the events happened too long ago and I see no good reason to exercise discretion and investigate them now.
Investigator's decision on behalf of the Ombudsman