North Tyneside Metropolitan Borough Council (23 006 684)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 20 Feb 2024
The Ombudsman's final decision:
Summary: We will not exercise discretion to investigate this complaint about the Council’s approval of a planning application in a conservation area in 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
- Mr X complained about the Council’s failure to have proper regard to its own guidance on planning applications in conservation areas. He says it approved an application which is unsuitable for the conservation area where he lives.
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 provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered the information provided by the complainant and the Council. I have also considered the Council’s planning guidance on conservation areas.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council approved a planning application for changes to a property in the conservation area where he lives. He says the proposals are not in keeping with the character of the area and that the Council has had a general disregard of its own policy which is eroding the character of the conservation area.
- The plans were considered in early 2022 and Mr X and another resident made objections during the notification period. The plans were approved in April 2022. Mr X did not complain to us until August 2023 which is outside the 12-month period for receiving complaints.
- The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
Final decision
- We will not exercise discretion to investigate this complaint about the Council’s approval of a planning application in a conservation area in 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman