Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning applications. This is because the complainants have appealed to the Planning Inspector. Parts of the complaint are also late.

The complaint

1. The complainants, whom I shall refer to as Mr and Mrs X, have complained about how the Council has dealt with their planning applications. Mr and Mrs X say the Council has refused to validate their applications and not acted in line with government guidance or its planning policies.

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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. 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)
5. 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 and Mrs X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr and Mrs X have raised many concerns about how the Council has dealt with their planning applications over several years. However, I consider Mr and Mrs X’s complaints about their previous planning applications late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Many of the planning applications Mr and Mrs X have complained about were made more than a year ago and I see no good reason to exercise discretion to investigate as Mr and Mrs X could have complained to the Ombudsman about these matters sooner.
9. The Ombudsman cannot investigate Mr and Mrs X’s complaint about the Council’s decision not to validate their recent applications. This is because they have appealed to the Planning Inspector for non determination. 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 and Mrs X’s complaint because parts of their complaint are late. They have also appealed to the Planning Inspector about their more recent planning applications.

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Investigator's decision on behalf of the Ombudsman