Summary: The Ombudsman will not investigate Ms X’s complaint that the Council failed to handle properly two planning applications for a development at her block of flats. The first application is outside the Ombudsman’s jurisdiction due to a court decision and the complaint being received late. There is no injustice arising from the second application because the Council refused planning permission.

The complaint

1. Complaint 1: Ms X complains that in 2017 the Council granted planning permission for a development at her block of flats without notifying residents. Ms X says residents successfully applied for judicial review of the decision which was quashed by consent. Ms X says the Council delayed 3 months in paying her legal costs and that she is out of pocket.
2. Complaint 2: Ms X complains the Council failed to handle properly a second planning application for the same development at her flats. She says the Council refused the application but delayed 72 weeks in dealing with it and failed to ensure the accuracy of plans. Ms X says the Council’s poor practice makes it possible for an applicant to manipulate the planning system. She says the applicant’s agent was a former planning officer at the Council.
3. Complaint 3: Ms X complains the Council delayed in making information available on its website relevant to the applicant’s appeal to the planning inspector. She says the planning inspector allowed more time for submissions.
4. Complaint 4: Ms X complains the Council’s complaint handling has been poor.

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The Ombudsman’s role and powers

5. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
6. 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)
7. The Planning Inspector acts on behalf of the responsible Government minister.
8. 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

9. I have considered Ms X’s information and comments. The information held includes the Council’s complaint correspondence. I have considered information on the Council’s planning website.

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What I found

10. In mid-2017 the Council granted planning permission for the freeholder of Ms X’s block of flats to extend the building and build more flats. Ms X says there was procedural impropriety including a failure to notify residents of the application. There was a judicial review of the planning approval which resulted in the decision being quashed in September 2017. Ms X says the Council agreed to pay her legal costs but delayed 3 months in doing so.
11. In 2017 the developer sent another planning application to the Council. Ms X says there was little action in 2018. A revised application was submitted. In the Spring of 2019, the Council refused planning permission. It says it informed Ms X of the decision on the day.
12. In the summer of 2019, the developer appealed to the planning inspector against the Council’s planning refusal. The Council’s website says the appeal is pending.
13. The Council says it thinks it did not reply to a complaint from Ms X made late in 2018. The Council has apologised for the ‘excessive’ delay in dealing with the second application.

Analysis

14. I will not investigate this complaint for the following reasons:
15. The complaint about the first planning application is outside the Ombudsman’s jurisdiction:
1. Ms X used a legal remedy against the Council and the Ombudsman cannot investigate (see paragraph 6 above). The Council has paid Ms X’s legal costs. If it has failed to keep to an agreement in court that would be a matter for the court.
2. The complaint is outside jurisdiction on the 12 month rule (see paragraph 8). Ms X is complaining late and this restriction covers events before July 2018. I will not investigate because Ms X could have complained to this office sooner.
16. The Ombudsman investigates fault causing injustice. There is insufficient injustice to investigate the delayed decision on the second planning application. The Council refused the application.
17. The Ombudsman does not have jurisdiction to investigate matters relating to the developer’s appeal to the planning inspector. The planning inspectorate is not within our jurisdiction. I understand the planning inspector considered the issue of information being available to the objectors and allowed more time. There is no injustice.
18. The Ombudsman will not normally investigate complaint handling where the substantive matters are not being investigated. There is no reason to do so here.

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Final decision

19. The Ombudsman will not investigate Ms X’s complaint that the Council failed to deal properly with two planning applications affecting her block of flats. The first application is outside the Ombudsman’s jurisdiction. There is no injustice arising from the second application because the Council refused planning permission.

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Investigator's decision on behalf of the Ombudsman