The Ombudsman's final decision
Summary: We will not investigate this complaint about delay in providing clear pre-planning application advice. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint it late and we have seen no good reason to exercise discretion.
The complaint
Mr X complains the Authority failed to provide clear pre-planning application advice for over a year. He also says it: lied when stating applications are dealt with in chronological order refused to answer queries and required changes to proposals without reason refused to consider evidence supporting his proposal; and broke promises to work proactively.
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 authority has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by Mr X, including the Authority’s response.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint. He was aware the Authority’s response to his application for pre planning application advice was late in September 2022. The complaint is therefore late and we have seen no reason why he could not have complained to us much sooner.
Investigator's decision on behalf of the Ombudsman