Summary: The Council is at fault for failing to issue a planning decision within the deadlines and failing to refund the planning fee. This has caused Mr X frustration and financial loss. The Council agreed to apologise, refund the fee, and take action to improve its services.

The complaint

1. Mr X complained the Council failed to issue a planning decision within the deadline. This has caused him frustration and financial loss. Mr X said the Council should refund the planning fee.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
    
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. As part of the investigation I have considered the following:
• The complaint and the documents provided by the complainant.
• Documents provided by the Council and its comments in response to enquiries.
• The Town and Country Planning Act 1990, Town and Country Planning (Development Management Procedure (England) Order 2015 (as amended), The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, the government guidance on time periods for determining planning applications and the planning guarantee.
5. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Relevant legislation and guidance

6. Most planning applications should be decided within eight weeks, although the time limit is 13 weeks for major applications. If the planning application has not been decided by the end of this period, and an extension has not been agreed in writing, the applicant can appeal to the Planning Inspectorate (on behalf of the Secretary of State for Communities and Local Government).

7. If an applicant has not appealed to the Planning Inspectorate and a major planning application remains undetermined after 26 weeks (16 weeks for a non-major planning application), the fee will be repaid to the applicant. This is called the ‘planning guarantee’. It does not apply if an extension has been agreed.

What happened

8. I have summarised below the key events; this is not intended to be a detailed account.
9. Mr X applied for planning permission (non-major) in late March 2022. The Council validated the application within a few days and said it was committed to deciding non-major applications within eight weeks.
10. Mr X emailed the Planning Officer in May 2023 as he had not received a decision.
11. The Planning Officer decided the case in July 2023 and issued a decision notice to say the application was refused.
12. Mr X requested a refund of the planning application fee under the government planning guarantee. The Council refused and invited Mr X to use its complaints procedure. Mr X submitted a complaint in September 2023.
13. The Council issued a stage one response in late September 2023 and a stage two response in October 2023. The Council did not uphold Mr X’s complaint. It said ‘…although your planning application was delayed, you sought to engage with the planning officer and sought a decision rather than appealing to the Planning Inspectorate on the basis of non-determination. As a result… a refund of the planning fee is not applicable.’
14. Mr X complained to the Ombudsman in mid-October. He said the Council failed to issue a planning decision within the timescale and considered it should repay the planning fee of £1,414.
15. In correspondence with me, Mr X said the Council did not ask for an extension to determine the planning application, neither did he offer or agree to one.
16. In response to enquiries, the Council confirmed there was no formal extension agreed.

Analysis

17. The Council should have decided Mr X’s non-major planning application within eight weeks under the statutory timescales and under the Council’s own policy as set out in its early email. The Council validated the application in late March, the decision due date was late May 2022. The Council did not ask Mr X to extend the decision period, there was no written agreement. The Council issued a decision in July 2023. This is roughly 14 months over the statutory timescale. This is fault.
18. Under the government guarantee, the Council should decide a non-major planning application within 16 weeks unless there is a written agreement to extend the period. There was no written agreement. Under the guarantee, the decision was due around late July 2022. The Council issued its decision in July 2023, roughly a year over the government guarantee deadline. This is fault.
19. Mr X is entitled to a refund of the planning application fee under the government’s planning guarantee scheme. The Council refused to issue the refund. This is fault.

Injustice

20. I have considered the impact the Council’s faults had on Mr X.
21. The Council’s failure to issue a planning decision within the timescales has caused Mr X frustration and its failure to refund the planning application fee has caused him financial loss. This is his injustice.

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Agreed actions

22. Within four weeks of my final decision, the Council agreed to:
• Apologise in writing to Mr X for the delay in deciding the planning application and failure to provide the refund;
• Refund Mr X the full amount of the planning application fee; and
• Remind planning staff about the government’s planning guarantee and the importance of meeting deadlines.
23. The Council has agreed to our above recommendations. The Council has also offered a further remedy of £100 to Mr X. Although not part of my recommendations, I welcome the Council’s acknowledgement of the injustice caused by the fault in this case.
24. The Council should provide us with evidence it has complied with the above actions.

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Final decision

25. I have completed my investigation. The Council is at fault for failing to issue a planning decision within the deadlines and failing to refund the planning fee.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman