Summary: We will not investigate Mr X’s complaint that the Council applied a planning condition, requiring a construction management plan, which are not necessary. The complaint is outside our jurisdiction because Mr X had a right of appeal to the planning inspector. The Council has suggested an appropriate way forward to consider discharging the condition.

The complaint

1. Complaint 1: Mr X complains the Council applied conditions to the planning permission to build an extension to his property. He says the planning conditions are not necessary and there was some delay in dealing with his application. He wants the Council to review his planning permission and remove the requirement for a construction management plan. He says the plan makes organising the project more difficult and will add time and costs.
2. Complaint 2: Mr X complains that the Council has treated him unfairly and singled him out compared to other planning applicants. He has discovered that other planning approvals for extensions in the area do not include a condition requiring a construction management plan. Mr X says one neighbour is working over the weekends and into the evening without restriction.
3. Complaint 3: Mr X complains the Council ignored and delayed replying to communications about this matter. He says the Council has not looked at the case properly and it should review its practice.

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The Ombudsman’s role and powers

4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
5. 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))
6. 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

7. I have considered Mr X’s information and comments. I have discussed the complaint with him by telephone. I have considered internet street scene views of Mr X’s road and the Council’s planning decision. The Council has supplied its correspondence with Mr and Mrs X.

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What I found

8. In 2019 the Council granted Mr X planning permission to build extensions to his property. The permission is subject to planning conditions. The planning file shows permission was granted two months after the application was logged. The decision notice explains the right to appeal to the planning inspector.
9. Planning condition 3 requires Mr X to provide a ‘construction management plan’ covering eight areas (A-H). They include a timetable of works, daily hours of construction, and possible road closure. The reasons for the condition include residential amenity, public convenience, and highway safety.
10. Mr X tells me he has not yet started the building project. He did not think the planning condition requirements (construction management plan) necessary but he accepted them. However, this year he has found there are 5 or 6 properties in his area which have not had similar planning conditions applied. Mrs X wrote to the Council in detail in August and December 2020. She objected in particular to the construction management plan saying it would cause additional time and costs.
11. The Council wrote to Mrs X in October and December 2020. The Council says with hindsight the condition was not necessary referring specifically to highways issues. Mr and Mrs X live at the end of a cul de sac. The Council says there are two ways it can lawfully deal with the planning condition:
1. Mr X can apply to vary or remove the condition. The Council would need to formally consult neighbours.
2. Mr X can apply to discharge the planning condition (this requires evidence the terms of the condition are satisfied). The Council says it will waive the fee and will give advice about the information required. It says Mr X’s builder can provide the information and the procedure would not be onerous. Professional advice is not needed.

Analysis

12. I will not investigate this complaint for the following reasons:
13. Complaint 1: The complaint is outside the Ombudsman’s jurisdiction because Mr X had a right of appeal to the planning inspector (see paragraph 4 and 5). This includes the planning condition regarding the construction management plan and any significant delay.
14. I will not exercise discretion to investigate because it was reasonable for Mr X to use his right of appeal. The planning inspector has or had the power to change the conditions.
15. I understand Mr X is now too late to appeal. However, I do not consider investigation will add much to what the Council has said or provide the outcome Mr X wants. An application to discharge the planning condition will give the Council the opportunity to consider the details of the building scheme and whether neighbour amenity is properly protected.
16. Complaint 2: How the Council treated other planning applications does not cause Mr X an injustice. If the Council, in granting planning permission, failed to properly consider the impact on neighbour amenity of the development, including building work, that would be fault.
17. Complaint 3: We will rarely investigate complaint handling or communications where the substantive complaint is not being investigated. There is no reason to do so. The Council has not caused Mr and Mrs X injustice.

Final decision

18. The Ombudsman will not investigate Mr X’s complaint that the Council applied a planning condition, requiring a construction management plan, which was not necessary. The complaint is outside our jurisdiction because Mr X had a right of appeal to the planning inspector. The Council has suggested an appropriate way forward to consider discharging the condition.

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Investigator's decision on behalf of the Ombudsman