Summary: We will not investigate this complaint about the way the Council dealt with an application for a Lawful Development Certificate for Proposed Use or Development as it is made too late. We cannot investigate the complaint about the way the Council processed a planning application as the complainant appealed to the Planning Inspector. This is therefore outside our jurisdiction.

The complaint

1. Mr X complains about the Council’s actions on an application for a Lawful Development Certificate for Proposed Use or Development (CLOPUD).
2. He also complains the Council failed to properly review a full planning application and refused to visit the site, failed to provide guidance and left matters unresolved.

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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 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. 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)

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How I considered this complaint

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

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My assessment

8. The CLOPUD application was decided in January 2024. The law says a complaint must be made to use within 12 months of the complainant becoming aware of the matter. I will not investigate this part of the complaint as it is made too late and I have seen no reason why Mr X could not have complained to us much sooner.
9. Mr X also complains about the Council’s actions when processing a full planning application. However the information I have seen confirms Mr X appealed against the conditions placed on the planning permission granted by the Council. I understand the appeal was withdrawn. However, the Ombudsman cannot investigate matters where someone has already used their appeal right even if the appeal will not address all the issues complained about.

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Final decision

10. We will not investigate Mr X’s complaint because:
• his concerns about the way the Council dealt with the CLOPUD application are late; and
• his concerns about the way the Council dealt with his planning application are out of our jurisdiction because he exercised his right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman