Summary: We will not investigate this complaint about how the Council dealt with a request for pre-application planning advice or the complainant’s planning applications. This is because parts of the complaint are late. The complainant also had the right to appeal to the Planning Inspector.

The complaint

1. Ms X has complained about how the Council dealt with her request for pre-application planning advice and her subsequent planning applications. Ms X says there have been delays, she received inconsistent advice from the Council, and it has imposed unreasonable planning conditions. Ms X says the development has been delayed and she has incurred additional costs because of the Council’s actions.

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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. 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)
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
• 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 Ms X and the Ombudsman’s Assessment Code.

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My assessment

7. Ms X has raised concerns about the pre-application advice she received from the Council. However, I consider Ms X’s concerns about the pre-application advice late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. It has been about three years since Ms X requested pre-application advice. I see no good reason to exercise discretion to investigate. Ms X was aware of the issues she has raised about the advice service at the time, and I consider she could have complained to the Ombudsman about these matters sooner.
8. Ms X could have appealed to the Planning Inspector if she was unhappy with the Council’s decisions to refuse her planning applications, or if she disagreed with the planning conditions placed on the permission. Ms X can also appeal if she is unhappy with how long it is taking the Council to determine her applications. I consider it would have been reasonable for Ms X to have used her right to appeal. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector.

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Final decision

9. We will not investigate Ms X’s complaint because parts of the complaint are late. Ms X also had the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman