Complaints System
Definitions
A complaint is any expression of dissatisfaction by any party involved in the process regarding the way the Commissions have handled an appeal or inquiry/hearing case.
A justified complaint is one where there is substance in the allegations made by the complainant, whether minor in significance or otherwise.
Note: The merits of the Commissions decision can only be challenged on legal grounds by means of an application for judicial review to the High Court as the Commissions cannot review a decision/recommendation or issue a revised decision/recommendation.
However, the Commissions may issue a corrected decision letter or Commissioner’s Report (not a revised or substituted decision letter or report) correcting:
- obvious typographical and textual errors;
and/or
- wording which all parties, including the Commission and Commissioner, agree cannot be right.
Procedure for Making Complaints
Complaints must be made within six months of the date of the Commissions' decision on an appeal or the date of a Departmental decision on an inquiry / hearing case.
All complaints should be made in writing and addressed to:-
Chief Administrative OfficerPlanning/Water Appeals Commission
Park House
87-91 Great Victoria Street
Belfast
BT7 2AG
Tel: 028 9024 4710
Fax: 028 9031 2536
E-mail:info@pacni.gov.uk
Complaints will normally be acknowledged within seven working days of their receipt. Complaints raising issues with a bearing on the merits of an appeal which is still being processed by the Commission will not be responded to until consideration of that case has been completed. In the event of legal proceedings being initiated while a complaint is under consideration, the matter will be addressed through the legal process and not the complaints system.
Apart from the the circumstances set out above, all complaints will be investigated and a full reply will normally be issued within four weeks of the date of receipt of the complaints.
Where it is not possible to issue a full reply within four weeks, a holding reply will be issued within that period indicating when a full response might be expected.
Method of Investigation
All complaints will be investigated by senior professional or administrative staff and will be replied to in writing.
In the event of a complainant being dissatisfied with the response to a complaint, the complainant may request a meeting with senior professional or administrative officers (not directly involved in the subject matter at issue) to discuss the matter.
Transparency
The Commissions' complaints files are open for public inspection.
Independent Complaints Audit Panel (ICAP)
The panel shall consist of two members appointed respectively by the Royal Town Planning Institute and the Bar Council.
Panel members shall have an understanding of the Northern Ireland planning process and not be either former members of the Planning or Water Appeals Commissions or current / former Northern Ireland Civil Servants.
The Panel shall review the operation of the Complaints System on an annual basis and present a report to the Chief Commissioner which shall be available to the public.
The lastest ICAP Report can be viewed on the Publications Page.