Summary: We will not investigate Mr X’s complaint about the Council’s planning practices and refusal of planning permission. We cannot investigate because Mr X has appealed to the planning inspector. Mr X complains late about earlier actions and could reasonably have used appeal rights.

The complaint

1. Mr X complains the Council failed to handle properly his planning applications between 2015 and 2021. Mr X says in 2015 the Council refused to grant a certificate of appropriate alternative development at his former property. In 2021 the Council refused planning permission for a development at his current property. Mr X says the Council’s practice is corrupt and dysfunctional. There was unreasonable delay, failures of communication and procedural impropriety. Mr X says he was promised the planning committee would consider the recent application but officers decided it using delegated powers.
2. Mr X complains the Council refused to deal with his complaints about actions in 2015 because he complained late which he says is unfair. He says the Council delayed replying to his complaints.
3. Mr X says the Council has caused him loss of income and additional costs. He has paid £80,000 for reports, planning agents and architects and in 2015 employed a barrister. Mr X says the Council’s actions have harmed his wellbeing. He is now appealing to the planning inspector against the Council’s refusal of planning permission. He says the Council should improve practice and pay compensation.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
6. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. 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)(a), as amended)
7. 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

8. I have considered Mr X’s information and comments. The information includes the Council’s complaint replies dated 22 January 2020 and 16 September 2021.

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My assessment

9. I will not investigate this complaint for the following reasons:
10. The complaint about the Council’s handling of the January 2020 planning application is outside the Ombudsman’s jurisdiction. We cannot investigate because Mr X has appealed to the planning inspector (see paragraphs 4 and 5 above).
11. The Council’s 2015 decision on Mr X’s application for a certificate of appropriate alternative development is outside the Ombudsman’s jurisdiction because:
1. Mr X had a right of appeal to the Upper Tribunal (Lands chamber) which it was reasonable for him to use. Mr X says he had a barrister.
2. Mr X complains late and outside the permitted period of 12 months (see paragraph 7). Mr X could have complained sooner.
12. Other actions including Mr X’s decision to withdraw an application in late 2019 are also outside jurisdiction because he complains outside the 12 month permitted period. I will not exercise discretion to investigate because Mr X could have complained sooner and we cannot achieve what Mr X wants. Mr X also had an appeal right to the planning inspector if there was delay in dealing with an application.
13. There is no reason to investigate the complaint handling. The Council has apologised for the delay. We cannot comment on the Council’s view of its practice because Mr X is using his right of appeal.

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Final decision

14. The Ombudsman will not investigate Mr X’s complaint about the Council’s planning practices and refusal of planning permission. We cannot investigate because Mr X has appealed to the planning inspector. Mr X complains late about earlier actions and could reasonably have used appeal rights.

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Investigator's decision on behalf of the Ombudsman