Summary: We will not investigate Miss Q’s complaint about the way the Council handled a retrospective planning application, enforcement and appeal. Miss Q has used her right to appeal the planning decision and matters about application and appeal fees are over 12 months old.

The complaint

1. Miss Q says she and her family had to live outside their home and incurred costs due to having to apply several times for planning permission and appeal. She also says the Council provided inaccurate advice, discriminated against their disabled family member, and failed to follow correct enforcement procedures. Miss Q asks the Council to refund the fees.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
4. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• Delay – usually over eight weeks – by an authority in deciding an application for planning permission
• A decision to refuse planning permission
• Conditions placed on planning permission
• A planning enforcement notice.

5. 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

6. I considered information provided by the Miss Q and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss Q has already made an appeal to the Planning Inspector and therefore her complaints about the planning applications, appeal and enforcement are matters outside our jurisdiction. I will not investigate Miss Q’s complaint about matters that may be separable from her appeal because the events occurred in 2022 and are late, and I see no good reason to exercise discretion to investigate.

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Final decision

9. We will not investigate Miss Q’s complaint because she has used her right of appeal to the Planning Inspector and other matters are late.

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Investigator's decision on behalf of the Ombudsman