Summary: Mr B complains about the Council’s handling of a planning application and a lawful development certificate application he made for his property. The complaint has not been investigated because some of the events happened too long ago and Mr B has a right of appeal available to him.

The complaint

1. Mr B complains the Council changed the wording of the description of the development of a planning application he made in 2016. He said the alteration misrepresented the nature of the development and an associated building. He considers this was evidence of the Council favouring his neighbour with whom he has a long-running dispute and who objected to the application. He also complained that the Council did not publish all the comments made by Mr X on the application.

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The Ombudsman’s role and powers

2. 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.

3. We cannot investigate a complaint if someone has appealed to a government minister. (Local Government Act 1974, section 26(6)(b), 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. 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)
6. 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)

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What I found

Summary of events

7. These complaints concern a building within the curtilage Mr B’s home. In 2016 Mr B applied for planning permission for conversion of an existing workshop to provide additional accommodation to the adjoining dwelling. When the Council issued the planning permission it was for additional accommodation to adjoining annex, rather than dwelling as it had been described on the application form.
8. Mr B applied for a certificate of lawful development for the property as a separate dwelling in February 2017. The Council has not determined the application.

Analysis

9. Mr B said that he found out in July 2016 that his neighbour, Mr X, had commented on the application. He had copies of those comments following requests for information to the Council in March 2017. He considered the Council had not published those comments on its website as part of the information relevant to the planning application. He considers the change in the description was because of those comments.
10. In April 2017 the Council wrote to Mr B setting out how he could pursue any complaints he had about the consideration of the planning application and other matters. Mr B made further requests for information to the Council. He complained to two councillors at the end of 2018 about various matters but not specifically about this issue. I therefore consider Mr B could have pursued this complaint with the Council or the Ombudsman in 2017. He complained to the Ombudsman about this in May 2019 and I therefore consider it is too old to consider now.
11. The Council has not determined Mr B’s application for a lawful development certificate after almost two years. I have not asked the Council to say what has happened about that because I consider the appropriate way forward for Mr B is for him to appeal to the planning inspectorate.

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Final decision

12. The complaint was not investigated.

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Investigator's decision on behalf of the Ombudsman