Maidstone Borough Council (24 008 586)

Category : Planning > Planning applications

Decision : Closed after initial enquiries

Decision date : 10 Feb 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Councils decision to grant planning permission for the installation of a telecommunications mast. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is late and we have seen no reason why the complainant could not have contacted us much sooner.

The complaint

  1. Mr X complains about the Council’s decision to approve a planning application for a telecommunications mast near 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 Mr X.
  2. I considered the Ombudsman’s Assessment Code.

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Final decision

  1. We will not investigate Mr X’s complaint because the restriction highlighted at paragraph three applies to this complaint. Mr X has known about the issues of which he complains since 2022 and as we would reasonably have expected him to have complained to us sooner. The complaint is outside our jurisdiction due to because it is late and we have decided not to exercise discretion on this point.

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Investigator's decision on behalf of the Ombudsman

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