Summary: The Ombudsman cannot investigate Mr and Mrs X’s complaint about how the Council dealt with their planning application. This is because they have already used their right to appeal to a government minister.

The complaint

1. Mr and Mrs X have complained about how the Council has dealt with their planning application to build a three-bedroom property. They say the application should have been decided by the planning case officer using their delegated authority rather than being referred to the Council’s planning committee for determination. Mr and Mrs X say they will incur significant costs because of the delays caused as a result of referring the application to the committee. Mr and Mrs X have also complained about the conduct of a local councillor.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it would be reasonable for the person to ask for a council review.

(Local Government Act 1974, section 24A(6), as amended)

3. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
4. 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.

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How I considered this complaint

5. I have considered Mr and Mrs X’s complaint and the Council’s responses. I invited Mr and Mrs X to comment on a draft of this decision and have considered their comments in response.

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What I found

6. Councils delegate most planning decisions to their officers. Most Planning applications should be determined within eight weeks, although the time limit is 13 weeks for major applications. If the planning application has not been determined by the end of this period, and an extension has not been agreed in writing, the applicant can appeal to the planning inspectorate. The applicant can also appeal to the planning inspector if they disagree with the council’s decision to refuse planning permission.
7. Local authorities must have procedures in place to deal with complaints about member conduct and have a duty to designate a Monitoring Officer to ensure the lawfulness and fairness of authority decision making. The Monitoring Officer must ensure that the authority, its officers and members maintain the highest standards of conduct.

What happened

8. Mr and Mrs X applied to the Council for planning permission to build a three-bedroom property. The planning case officer recommended planning permission be granted. However, a councillor called the application in for determination by the Council’s planning committee. The committee members considered the proposal but refused planning permission. Mr and Mrs X successfully appealed the planning decision.
9. Mr and Mrs X say the application should have been determined by the Council’s planning case officers using their delegated authority. They say the councillor breached the Council’s code of conduct by calling in the application and gave spurious reasons for referring the application to the planning committee. Mr and Mrs X say they have incurred considerable costs because of the delays caused as a result of referring the application to the committee as they are now liable to pay a Community Infrastructure Levy.

Assessment

10. The Ombudsman cannot investigate Mr and Mrs X’s complaint about how the Council dealt with their planning application. This is because they have used their right to appeal to a government minister.
11. I understand Mr and Mrs X say the Council’s reasons for refusing planning permission were unfounded and they have incurred significant costs because the application was referred to the planning committee. But, the reasons for refusing planning permission and any delays are related to the planning decision which has been appealed. The Ombudsman cannot investigate when someone has appealed to the planning inspector, even if the appeal did not provide a remedy for all the claimed injustice.
12. Mr and Mrs X have also complained about the actions of a councillor. However, if Mr and Mrs X are concerned that a councillor has breached the code of conduct, they can make a formal complaint to the Council’s Monitoring Officer as this is the process for dealing with complaints about code of conduct breaches.

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Investigator's decision on behalf of the Ombudsman