Summary: We will not investigate Mrs X’s complaint that the Council failed to comply with a decision by the Planning Inspector and incurred her losses of more than £3,000. This is because it would be reasonable for Mrs X to make a claim against the Council at court.

The complaint

1. Mrs X complains the Council took too long to instruct professionals to monitor preparatory work for her building project following the Planning Inspector’s decision on her appeal. She says this led to additional costs for her project of more than £3,000.

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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 could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council granted Mrs X planning permission to develop land she owns, several years ago. It placed conditions on the development requiring Mrs X to pay for a professional to monitor the building work, but Mrs X felt this was disproportionate and unreasonable so she applied to carry out the development without doing this. The Council refused Mrs X’s application so Mrs X appealed to the Planning Inspector.
7. The Planning Inspector accepted Mrs X’s appeal and placed new conditions on the development. The conditions required Mrs X to give notice to the Council of her intention to commence the development and said the Council would then instruct a professional to monitor the work.
8. Mrs X gave notice to the Council of her intention to begin work on the development in May 2024. But the Council refused to instruct a professional as it felt this was Mrs X’s responsibility. Over the following three months Mrs X corresponded with the Council until the Council accepted it was responsible for instructing and paying the professional for monitoring the work.
9. Mrs X says the Council’s delay resulted in additional costs for the building work of more than £3,000. She believes the Council is responsible for these costs and wants it to reimburse her.
10. We do not award compensation and it is not our role to adjudicate claims for economic loss. These are matters for the courts. While Mrs X considers the Council is solely responsible for the additional costs it is unlikely we could reach this view and it would therefore be reasonable for Mrs X to make a claim against the Council at court.

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Final decision

11. We will not investigate this complaint. This is because it would be reasonable for Mrs X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman