Summary: We will not investigate this complaint about the Council’s pre-application planning advice and its decision to take enforcement action against the complainant. This is because parts of the complaint are late. The complainant also had the right to appeal to the Planning Inspector.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about the pre-application planning advice he received from the Council. He says the Council failed to act in line with its guidance and its advice was based on inaccurate information. Mr X also disagrees with the Council’s decision to take enforcement action against him. Mr X says he has suffered significant financial losses because of the Councill’s actions.

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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 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)
4. 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)
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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

7. Mr X has raised many concerns about the pre-application planning advice he received from the Council. However, I consider this part of Mr X’s complaint late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mr X received pre-application advice from the Council in 2017. He knew about the issues he has complained about at the time, and I see no good reason to exercise discretion to investigate as Mr X could have complained to the Ombudsman sooner.
8. Mr X has also complained about the Council’s decision to take enforcement action against him. However, he could have appealed to the Planning Inspector against the enforcement notice. I consider it would have been reasonable for Mr X to have used his right to appeal if he disagreed with the Council’s decision to take enforcement action. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector.

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Final decision

9. We will not investigate Mr X’s complaint because parts of the complaint are late. Mr X also had the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman