Summary: Mr and Ms X complain that the Council refuses to refund a planning application fee. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mr and Ms X complain that the Council refuses to refund a planning application fee.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I have considered the comments of the complainants and the Council and the complainants were given an opportunity to comment on the draft decision.

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What I found

4. The complainants submitted a reserved matters planning application in relation to a previous outline planning permission granted in 2018 (to another party).
5. The Council advised them in December 2020 that the planning application was not consistent with the previous outline planning permission. They were advised that a full planning application would be more suitable if alterations were wished to be made to the scale and layout of the site.
6. Mr X says that he was told an earlier reserved matters planning application had been submitted which meant that his planning application should be withdrawn.
7. Mr X withdrew the planning application and submitted a full planning application for his property. The Council refuses to refund the reserved matters planning application which he submitted.
8. The Council says that the validation of the planning application created costs and the Council was entitled therefore not to refund the fee.
9. The Council’s email of December 2020 does not state that a previous reserved matters planning application had been submitted; just that his reserved matters planning application would likely be refused as it did not comply with the requirements of the previous outline planning permission.
10. I do not consider that there is fault in the Council’s consideration of the planning applications and the Ombudsman cannot therefore question the Council’s decision not to refund the fee.

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Final decision

11. I do not intend to investigate this complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman