| 69 Ministry of Employment No statements on cases concluded in 2018 have been published. Ministry for Children and Social Affairs The following statement on a case concluded in 2018 has been published: 2018-15. State Administration declined to consider appeal on the grounds that it had been lodged too late under the Building Act A man appealed to the State Administration against a decision by his municipality to grant a planning permission to his neighbour. The man had not been notified of the municipality’s decision to grant the planning permission. However, following a subsequent request for access to documents, he received a copy of the planning permission and the guidance on appeal accompanying the permission. The guidance did not state who was entitled to appeal the decision, and when granting the man access to the material, the municipality did not give him any express guidance on whether he could appeal the decision, and if so, what the time limit was. The State Administration declined to consider the appeal on the grounds that it had been lodged too late under section 24(1) of the Building Act – as the State Administration was of the opinion that the time limit was to be calculated from the date on which the man had received the municipality’s reply to his request for access. However, the State Administration did not (expressly) consider whether the man was entitled to appeal under section 23(3) of the Building Act. The Ombudsman found that the State Administration could not decline to consider the appeal on the grounds that it had been lodged too late without determining whether the man was entitled to appeal the municipality’s decision. The Ombudsman stated that if the man was entitled to appeal under section 23(3) of the Building Act, he would also be a party to the underlying building case. As a party to the case, the man would be entitled, among other things, to be notified individually of the municipality’s decision and to receive guidance on appeal. In the Ombudsman’s opinion the municipality’s reply to the man’s request for access did not fulfil the requirements to be considered to constitute individual notification and to contain adequate guidance on appeal. For this reason, the time limit was not to be calculated from the date on which the man had received a copy of the planning permission in response to his request for access. Therefore, the Ombudsman found that the State Ad­ ministration could not on the available basis decline to consider the appeal on the grounds that it had been lodged too late under section 24(1) of the Building Act. The Ombudsman recommended that the State Ad­ min­istration reopen the case in order to reconsider whether it could consider the appeal. Ministry of Energy, Utilities and Climate No statements on cases concluded in 2018 have been published.

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