Summary: We will not investigate this complaint about how the Council dealt with the complainant’s application for a lawful development certificate and its decision to refuse the complainant’s request for a refund of the application fee he paid. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.

The complaint

1. Mr X has complained about how the Council dealt with his application for a lawful development certificate. Mr X has also complained the Council refused his request to refund the application fee he paid.

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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 investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the council.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mr X’s complaint about how long it took the Council to assess his application. This is because he has appealed to the Planning Inspector against the non-determination of the application and the Ombudsman cannot investigate matters where someone has already used their appeal right.
7. Mr X has also complained the Council refused his request to refund the application fee he paid. The law says if a council fails to determine certain planning applications within 26 weeks it must refund the application fee paid. However, the courts have said no refund is due if the council and the applicant agreed to extend the period for considering the application.
8. Although Mr X did agree to an extension, he says the fee should still be refunded as the Council failed to determine the application before the extended deadline. However, the courts have found that once an extension is agreed, no refund should be paid. This is the case even if the subsequent extension is exceeded.
9. I understand Mr X disagrees, but I am satisfied the Council properly considered his request to refund the application fee and its decision not to offer a refund is in line with the relevant caselaw. Therefore, it is unlikely I could find fault.

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Final decision

10. We will not investigate Mr X’s complaint because he has used his right to appeal to the Planning Inspector. We are unlikely to find fault in relation to the Council’s decision to refuse Mr X’s request to refund his planning fee.

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Investigator's decision on behalf of the Ombudsman