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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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