Summary: The Ombudsman cannot investigate this complaint about how the Council dealt with the complainant’s planning applications. This is because the complainant has appealed to the Planning Inspectorate. The complaint is also late.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with the planning applications he made between 2012 and 2014. Mr X says the Council unreasonably refused his applications and he has incurred significant costs as a result.

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 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. 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)

Back to top

How I considered this complaint

5. I have considered Mr X’s complaint and invited him to comment on a draft of this decision.

Back to top

What I found

6. When a local authority receives a planning application it must look at the development plan and material planning considerations to decide if the proposal is acceptable. Material considerations relate to the use and development of the land in the public interest and includes matters such as the impact on neighbouring properties and the relevant planning policies. It is for the decision maker to decide the weight to be given to any material considerations in determining a planning application. The applicant can appeal to the Planning Inspector if they disagree with the council’s decision to refuse planning permission.
7. A Community Infrastructure Levy (CIL) is a planning charge introduced by the Planning Act 2008. It allows local authorities to deliver infrastructure to support and develop the area. Most development which creates net added floorspace of 100 square metres or more, or creates a new home, is liable for the levy.

What happened

8. In 2014, Mr X applied to the Council to build two detached dwellings. The Council considered the application and refused planning permission. Mr X appealed to the Planning Inspector but withdrew the appeal before a decision was reached. In 2016, Mr X made another application to develop the site. The Council granted permission subject to conditions.
9. Mr X has complained that the Council deliberately prevented him from developing the site between 2012 and 2014. Planning permission has now been granted, but the approved development is liable for the CIL. Mr X says these costs would have been avoided had the Council worked with him in 2014 and not unreasonably refused his application.

Assessment

10. The Ombudsman will not investigate Mr X’s complaint about how the Council dealt with his planning applications. This is because he has already used his right of appeal to the Planning Inspector. The complaint is also late.
11. Mr X made a few applications to the Council to develop the site between 2012 and 2014 and planning permission was refused. Mr X has complained about how the applications were dealt with. But he has already appealed to the Planning Inspector about the Council’s decisions to refuse planning permission and the Ombudsman cannot investigate matters where someone has appealed to a government minister.
12. Mr X’s complaint is also late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. The planning applications Mr X is complaining about were decided between 2012 and 2014 and I do not consider there to be a good reason to exercise discretion in this regard.

Back to top

Final decision

13. The Ombudsman cannot investigate this complaint. This is because Mr X has already appealed to the Planning Inspector.

Back to top

Investigator's decision on behalf of the Ombudsman