Summary: We will not investigate this complaint about how the Council has dealt with the complainant’s planning applications. This is because the complaint is late. The complainant also had the right to appeal to the Planning Inspector.

The complaint

1. Mr X has complained about how the Council dealt with his planning applications. Mr X says it overlooked material evidence and relied on the outcome of a flawed appeal for the site. Mr X says he has incurred significant costs and been caused stress because of the Council’s actions. He says the Council should reassess the applications for the site, apologise and compensate him.

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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. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
5. 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)
6. 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

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

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My assessment

8. Mr X has raised many concerns about how the Council has dealt with the applications. But I consider Mr X’s complaint about these matters late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. It has been more than a year since the Council refused Mr X’s applications. I see no good reason to exercise discretion to investigate as Mr X could have complained to the Ombudsman sooner.
9. Furthermore, even if I did agree Mr X’s complaint was in time, my decision not to investigate would be the same. Mr X has appealed to the Planning Inspector against the Council’s decision to refuse his application for a certificate of lawful development. The Ombudsman cannot investigate matters where someone has already used their appeal right. I also consider it would have been reasonable for Mr X to have appealed to the Inspector if he did not agree with the Council’s decision to refuse his other application for the site. The Ombudsman will not usually investigate a complaint when someone had a right to appeal.
10. Mr X has complained about how the applications were dealt with. But the issues he has raised are related to the planning decisions which have been, or could have been, appealed.

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Final decision

11. We will not investigate Mr X’s complaint because the complaint is late. Mr X has also appealed, or could have appealed, to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman