Summary: We will not investigate Mr X’s complaint about the Council’s handling of several related planning issues. Part of the complaint is late and we cannot achieve any worthwhile outcome by investigating it further. The Planning Inspectorate, Equality & Human Rights Commission and the courts are or were better placed to consider the remaining issues.

The complaint

1. The complainant, Mr X, complains the Council:
• Failed to acknowledge that it had given approval in 2017 for changes to plans relating to a proposal which it granted planning permission for several years previously,
• Delayed in dealing with his application to vary the original planning permission, and
• Failed to make reasonable adjustments for his dyslexia as required by the Equality Act 2010.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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))
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.
6. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

7. I considered information provided by Mr X’s representative, Ms Y, and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

Permission for changes in 2017

9. Mr X alleges that through correspondence with a planning officer in 2017 the Council granted permission for changes to the plans it approved when it granted planning permission for development several years previously. The Council says Mr X did not apply to change the plans and the Council did not issue a decision confirming that he could do so.
10. The Council confirmed its position on this issue to Mr X in mid-2019 and Mr X applied for variation of the original permission in order to resolve the issue. However Mr X did not complain to us about the matter until October 2021. The complaint is therefore late.
11. We also cannot achieve any worthwhile outcome for Mr X by investigating the matter further. Ms Y argues the Council’s position is unlawful and that there are grounds to challenge it at court but this is a separate function to the one we provide. We cannot interpret the law to decide whether any statement made by the Council amounts to formal approval of the changes and we have no power to alter the planning permission or therefore to say Mr X’s 2019 application was unnecessary.

Delay in determining Mr X’s application

12. Mr X is also unhappy with the Council’s delay in determining the application but this delay carried a right of appeal to the Planning Inspectorate which it would have been reasonable for Mr X to use. We will not therefore investigate the issue further.

Reasonable adjustments

13. We cannot interpret the Equality Act 2010 to decide if the Council complied with its duties regarding Mr X’s disability. The Council has explained the reasons it continued to correspond with Mr X in writing and if Mr X believes it has discriminated against him he may wish to report the matter to the Equality & Human Rights Commission. He may also make a claim against the Council at court. These bodies are better placed to determine if the Council has acted properly and in accordance with the law.

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Final decision

14. We will not investigate this complaint. This is because:
• Mr X’s complaint about the Council’s refusal to accept that it had approved changes to the original planning permission is late. We also cannot achieve any worthwhile outcome for Mr X by investigating it.
• It would have been reasonable for Mr X to appeal to the Planning Inspectorate in respect of the delay in determining his application.
• There are other bodies better placed to determine whether the Council complied with its obligations under the Equality Act 2010.

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Investigator's decision on behalf of the Ombudsman