Summary: We will not investigate Mr X’s complaint about a condition attached to a grant of planning permission which he believes is unfair. This is because it would have been reasonable for Mr X to appeal.

The complaint

1. The complainant, Mr X, complains the Council added conditions to his grant of planning permission requiring specific windows which are more expensive than standard UPVC units. He believes this was unnecessary and unfair, as it has granted permission for development to other properties without this requirement.

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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. 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), as amended)
4. 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
• A decision to refuse planning permission
• Conditions placed on planning permission
• A planning enforcement notice.

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How I considered this complaint

5. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. While Mr X references other development in the area that has not contained the same requirement, the Council’s decisions on these applications have not caused him significant injustice.
7. Mr X’s injustice lies in the additional cost of the windows he has had to fit to his property as part of the development approved by the Council. He says this amounts to £12,000.
8. If Mr X felt the Council’s requirement for the windows was unnecessary then it would have been reasonable for him to appeal. The Planning Inspector could therefore have determined whether the windows specified were required.
9. Mr X is now outside the time limit for an appeal but the Council has confirmed he could apply to alter or remove the condition, if he believes it is not necessary; if the Council refuses Mr X’s application he could then appeal against this decision.

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Final decision

10. We will not investigate this complaint. This is because it would have been reasonable for Mr X to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman