Summary: We will not investigate this complaint about the way the Council dealt with a planning application because it can be considered by the courts.

The complaint

1. Mr X bought land that was subject to two undetermined planning applications. The Council says that he signed a legal agreement stating he owned the land which was incorrect and for which he could be prosecuted.

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The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says that he bought land in 2021. Other parties had submitted planning applications for development in 2020. Following Mr X’s purchase the planning applicant asked that the planning application be put in Mr X’s name.
6. The original owners of the land wrote to the Council saying they were no longer interested in the planning application and suggested the planning application be put in the name of the new owners. The Council said this may not be possible.
7. The Council continued to consider one of the planning application and the Planning Committee approved one subject to a legal agreement.
8. The Council said that the planning application would need a legal agreement for planning permission to be granted. They sent Mr X the form for signature and payment. Mr X signed a form that stated he was the owner.
9. The Council wrote to him in December 2022 pointing out that the name of the owner on the application was different to Mr X. The Council pointed out that legal action could be taken in such circumstances.
10. The Council then offered to refund the money paid Mr X. They also said that the planning application would not be determined as the ownership certificate was incorrect.
11. Mr X says that the Council erred when writing to him about the legal agreement. However, any statement in a legal agreement is a matter for the courts to determine (if the Council takes action against him). At no point was Mr X the planning applicant and so any decision regarding the planning application is not a cause of injustice to him. Any complaint about the planning application itself; the time taken or the outcome, can be appealed to the Planning Inspector but only by the applicant. Mr X was free at any time to submit his own planning application if he wished to develop the site.

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Investigator's decision on behalf of the Ombudsman