City of York Council (23 002 531)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 14 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complaint is late.
The complaint
- The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his neighbour’s planning application. Mr X says the Council did not follow the proper procedures and failed to properly assess the application. He says there were errors in the case officer’s report and his objections were not considered before planning permission was granted. Mr X has also complained the Council did not respond to his correspondence or properly communicate with him.
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 Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X has raised many concerns about how the Council dealt with his neighbour’s planning application and its decision to grant planning permission. However, I consider his complaint about these matters late.
- A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. The Council granted planning permission for the development in 2021. Mr X knew about the application at the time and was also aware of the issues he has complained about. I understand Mr X says the matter has been ongoing and he was waiting for responses from the Council. But I see no good reason to exercise discretion to investigate as I consider Mr X could have complained to the Ombudsman sooner.
Final decision
- We will not investigate Mr X’s complaint because his complaint is late.
Investigator's decision on behalf of the Ombudsman