Summary: The Ombudsman will not exercise discretion to investigate Mr B’s late complaint that he had to pay a significant sum to the Council in 2012 for a planning agreement which he believes was unnecessary. This is because there are not good reasons to do so after an interval of several years.

The complaint

1. The complainant, whom I shall refer to as Mr B, complained that he had to pay a significant sum to the Council in 2012 for a planning agreement which he believes was unnecessary.

Back to top

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 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)
4. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
5. 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.

Back to top

How I considered this complaint

6. I have considered the information Mr B provided including correspondence and press cuttings, I have spoken to him by telephone and considered his comments on my draft decision.

Back to top

What I found

7. Mr B told us he was advised to seek our assistance in reclaiming the sum he says he was forced to pay to the Council for a section 106 Town and Country Planning Act 1990 agreement before he and his wife could obtain planning permission.
8. As time goes by it becomes increasingly difficult for us to investigate complaints effectively. The Local Government Act 1974 requires people to complain to us within 12 months of becoming aware of the matter they wish to complain about. Mr B has made his complaint to us well outside this time period. We can exercise discretion to investigate late complaints if there are good reasons to do so. But in this case Mr B could have made a formal complaint much sooner. Or, if he could have refused to sign the agreement the Council proposed and then appeal to the Planning Inspector if the Council refused planning permission. That was a way for him to obtain the planning permission he was seeking.
9. We could not now investigate Mr B’s complaint effectively after an interval of several years. That is because

• the law, guidance and the Council’s practices may have changed since the events in question
• it is unlikely we would be able to gather sufficient evidence which provides a full enough picture for us to reach a sound judgement on whether there has been fault by the Council which has caused injustice to Mr B.

Back to top

Final decision

10. The Ombudsman will not exercise discretion to investigate this late complaint. This is because there are not good reasons to do so after an interval of several years.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman