Summary: We cannot investigate Mrs Y’s complaint about the Council’s actions because part of the complaint is late. Mrs Y has also appealed to the Planning Inspectorate.

The complaint

1. Mrs Y complains about the Council’s actions surrounding an agreement under section106 of the Town and Country Planning Act and its decision to refuse her application to discharge the planning obligation.
2. Mrs Y says she has suffered physical and mental stress, as well as financial loss. She wants the S106 agreement on her property to be immediately discharged.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspectorate acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended).
5. 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)

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How I considered this complaint

6. I considered information provided by Mrs Y and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The S106 agreement was made between Mrs Y and the Council following an application to change the use of a property. Concerns about the Council’s decision to impose the legal obligation are late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. It has been more than a year since Mrs Y entered into the S106 agreement and I see no good reason to investigate as Mrs Y could have complained about this matter sooner.
9. Mrs Y made an application to the Council to discharge the S106 agreement. This application was refused by the Council.
10. Mrs Y appealed the decision to the Planning Inspectorate, and the appeal was dismissed. The Ombudsman cannot investigate when someone has already used their right to appeal.
11. Mrs Y says she has had difficulties selling the property because of the Council’s actions. But I consider the issues she has raised are related to the planning decision which has been appealed.

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Final decision

12. We cannot investigate Mrs Y’s complaint because she has exercised her right to appeal to the Planning Inspectorate, and we have no jurisdiction to start an investigation. Mrs Y’s complaint about the Council’s actions is also late.

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Investigator's decision on behalf of the Ombudsman