Dover District Council (24 008 100)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 17 Sep 2024
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
- Ms X has complained about how the Council dealt with a planning application and an application to vary a planning condition for a development near her home. Ms X says the Council failed to properly consult residents about the development and the decision to grant planning permission was based on inaccurate information. Ms X says the development has a significant impact on her 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 Ms X and the Ombudsman’s Assessment Code.
My assessment
- Ms X has raised many concerns about the Council’s decision to grant planning permission for the development. However, I consider Ms X’s complaint about how the Council dealt with the planning application and the application to vary the planning conditions late and I see no good reason to investigate as Ms X could have complained to the Ombudsman sooner.
- A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. It has been a few years since the Council granted permission for the development. I understand Ms X says she was not notified about the proposals. However, she was still aware of the development and commented on both applications before permission was granted.
- Ms X says she planned to complain to the Ombudsman sooner but was unable to do so for health reasons. However, as it has been some time since the applications were approved, I consider the complaint would still have been late had Ms X contacted the Ombudsman earlier this year as she had intended.
Final decision
- We will not investigate Ms X’s complaint because her complaint is late.
Investigator's decision on behalf of the Ombudsman