Summary: We will not investigate this complaint about planning advice and the Council’s planning decisions because part of the complaint is out of time and there was a right of appeal to a Planning Inspector which he used.

The complaint

1. Mr X complains about advice he received about the planning status of his land and the Council’s later planning decisions.

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The Ombudsman’s role and powers

2. 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), 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. 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)
5. 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.

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X bought land in 2004 which he rented out for agricultural use. He turned the land into a garden in 2006 but was advised in 2019 that he needed planning permission for that change of use. In 2020 he was advised by a Council officer that part of the land could be used as a garden which was confirmed by the grant of planning permission.
9. Mr X says that he found out about the possibility of a Certificate of Lawful Development in 2023 which he thinks could have meant he could retain all the land as a garden.
10. The Council was not obliged to provide Mr X with advice about his land; he could employ a planning advisor for such information. He could still make such a planning application and appeal to a Planning Inspector any refusal. A Planning Inspector is an independent body who can question the merits of a Council’s planning decision; the Ombudsman cannot do this.
11. Mr X says that he previously appealed unsuccessfully to a Planning Inspector. The Ombudsman cannot investigate for this reason given above.
12. Mr X was aware that there may have been some doubt about the advice he received in 2019 in 2020. Any complaint about inconsistency of advice should have been made to this office within 12 months of 2020. I consider therefore that the complaint is out of time and out of jurisdiction.

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Final decision

13. We will not investigate Mr X’s complaint because it is out of time and there was a right of appeal to a Planning Inspector.

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Investigator's decision on behalf of the Ombudsman