Aylesbury Vale District Council (19 018 300)
The Ombudsman's final decision:
Summary: Mr X complains about the way the Council dealt with his planning application for lawful use. The Ombudsman will not investigate this complaint because he could appeal to a Planning Inspector.
The complaint
- Mr X complains about the way the Council dealt with his planning application for lawful use.
The Ombudsman’s role and powers
- 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))
- 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.
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,
What I found
- Mr X submitted a planning application for a Certificate of Lawful use in October 2019 for his existing use of a garden and stable area. The planning application was refused by the Council in December 2019.
- There is a statutory right of appeal to the Secretary of State against a refusal. No time limit has been set out for when an appeal can be made but the Planning Inspectorate would normally expect an appeal within six months. The appeal is dealt with under the same procedures as enforcement appeals. The Planning Inspector may award costs if either side has behaved unreasonably.
- In my view it would be reasonable for Mr X to appeal to the Planning Inspector if he considered the Council’s decision unreasonable. He can seek costs if he believes the Council acted unreasonably.
Investigator's decision on behalf of the Ombudsman